Ind. Code § 8-1-8.5-10 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-10
Energy efficiency goals and programs; evaluation, measurement, and verification; recovery of program costs; opt out by industrial customers
Status: in_force

Sec. 10. (a) For purposes of this section, "electricity supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes retail electric service to customers in Indiana. The term does not include a utility that is:

(1) a municipally owned utility (as defined in IC 8-1-2-1(h));

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

(3) 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

(4) a joint agency created under IC 8-1-2.2-8.

(b) For purposes of this section, "energy efficiency" means a reduction in electricity use for a comparable level of electricity service.

(c) For purposes of this section, "energy efficiency goals" means all energy efficiency produced by cost effective plans that are:

(1) reasonably achievable;

(2) consistent with an electricity supplier's integrated resource plan; and

(3) designed to achieve an optimal balance of energy resources in an electricity supplier's service territory.

(d) For purposes of this section, "energy efficiency program" or "program" means a program that is:

(1) sponsored by an electricity supplier; and

(2) designed to implement energy efficiency improvements.

The term does not include a program designed primarily to reduce demand for limited intervals of time, such as during peak electricity usage or emergency conditions.

(e) For purposes of this section, "lost revenues" means the difference, if any, between:

(1) revenues lost; and

(2) the variable operating and maintenance costs saved;

by an electricity supplier as a result of implementing energy efficiency programs.

(f) For purposes of this section, "plan" refers to the goals, programs, program budgets, program costs, and procedures submitted by an electricity supplier to the commission under subsection (h).

(g) For purposes of this section, "program costs" include the following:

(1) Direct and indirect costs of energy efficiency programs.

(2) Costs associated with the evaluation, measurement, and verification of program results.

(3) Other recoveries or incentives approved by the commission, including lost revenues and financial incentives approved by the commission under subsection (o).

(h) Beginning not later than calendar year 2017, and not less than one (1) time every three (3) years, an electricity supplier shall petition the commission for approval of a plan that includes:

(1) energy efficiency goals;

(2) energy efficiency programs to achieve the energy efficiency goals;

(3) program budgets and program costs; and

(4) evaluation, measurement, and verification procedures that must include independent evaluation, measurement, and verification.

An electricity supplier may submit a plan required under this subsection to the commission for a determination of the overall reasonableness of the plan either as part of a general basic rate proceeding or as an independent proceeding. A petition submitted under this subsection may include a home energy efficiency assistance program for qualified customers of the electricity supplier whether or not the program is cost effective. The commission shall make the petition and its disclosable contents available through the commission's website.

(i) At the same time an electricity supplier petitions the commission under subsection (h), the electricity supplier shall:

(1) provide a copy of the petition and plan to the office of utility consumer counselor; and

(2) post an electronic copy of the petition and plan on the electricity supplier's website. The electricity supplier may redact confidential or proprietary information.

(j) In making a determination of the overall reasonableness of a plan submitted under subsection (h), the commission shall consider the following:

(1) Projected changes in customer consumption of electricity resulting from the implementation of the plan.

(2) A cost and benefit analysis of the plan, including the likelihood of achieving the goals of the energy efficiency programs included in the plan.

(3) Whether the plan is consistent with the following:

(A) The state energy analysis developed by the commission under section 3 of this chapter.

(B) The electricity supplier's most recent long range integrated resource plan submitted to the commission.

(4) The inclusion and reasonableness of procedures to evaluate, measure, and verify the results of the energy efficiency programs included in the plan, including the alignment of the procedures with applicable environmental regulations, including federal regulations concerning credits for emission reductions.

(5) Any undue or unreasonable preference to any customer class resulting, or potentially resulting, from the implementation of an energy efficiency program or from the overall design of a plan.

(6) Comments provided by customers, customer representatives, the office of utility consumer counselor, and other stakeholders concerning the adequacy and reasonableness of the plan, including alternative or additional means to achieve energy efficiency in the electricity supplier's service territory.

(7) The effect, or potential effect, in both the long term and the short term, of the plan on the electric rates and bills of customers that participate in energy efficiency programs compared to the electric rates and bills of customers that do not participate in energy efficiency programs.

(8) The lost revenues and financial incentives associated with the plan and sought to be recovered or received by the electricity supplier.

(9) The electricity supplier's current integrated resource plan and the underlying resource assessment.

(10) Any other information the commission considers necessary.

(k) If, after notice and hearing, the commission determines that an electricity supplier's plan is reasonable in its entirety, the commission shall:

(1) approve the plan in its entirety;

(2) allow the electricity supplier to recover all associated program costs on a timely basis through a periodic rate adjustment mechanism; and

(3) allocate and assign costs associated with a program to the class or classes of customers that are eligible to participate in the program.

(l) If, after notice and hearing, the commission determines that an electricity supplier's plan is not reasonable because the costs associated with one (1) or more programs included in the plan exceed the projected benefits of the program or programs, the commission:

(1) may exclude the program or programs and approve the remainder of the plan; and

(2) shall allow the electricity supplier to recover only those program costs associated with the portion of the plan approved under subdivision (1) on a timely basis through a periodic rate adjustment mechanism.

(m) If, after notice and hearing, the commission determines that an electricity supplier's plan is not reasonable in its entirety, the commission shall issue an order setting forth the reasons supporting its determination. The electricity supplier shall submit a modified plan within a reasonable time. After notice and hearing, the commission shall issue an order approving or denying the modified plan. If the commission approves the modified plan, the commission shall allow the electricity supplier to recover program costs associated with the modified plan on a timely basis through a periodic rate adjustment mechanism.

(n) The commission may not:

(1) require an energy efficiency program to be implemented by a third party administrator; or

(2) in making a determination of reasonableness under subsection (j), consider whether a third party administrator implements an energy efficiency program.

(o) If the commission finds a plan submitted by an electricity supplier under subsection (h) to be reasonable, the commission shall allow the electricity supplier to recover or receive the following:

(1) Reasonable financial incentives that:

(A) encourage implementation of cost effective energy efficiency programs; or

(B) eliminate or offset regulatory or financial bias:

(i) against energy efficiency programs; or

(ii) in favor of supply side resources.

(2) Reasonable lost revenues.

A retail rate adjustment mechanism proposed by an electricity supplier under this section to implement the timely recovery of program costs (including reasonable lost revenues) may be based on a reasonable forecast, with consideration given to the electricity supplier's historical lost revenue forecasting accuracy. If forecasted data is used, the retail rate adjustment mechanism must include a reconciliation mechanism to correct for any variance between the forecasted program costs (including reasonable lost revenues and financial incentives) and the actual program costs (including reasonable lost revenues and financial incentives based on the evaluation, measurement, and verification of the energy efficiency programs under the plan).

(p) An industrial customer (as defined in section 9(e) of this chapter) may opt out of an electricity supplier's plan under this section by following the procedure set forth in section 9(f) and 9(g) of this chapter. The opt out of an industrial customer who has previously complied with the procedure set forth in section 9(f) of this chapter constitutes an opt out of an electricity supplier's plan under this section. An industrial customer may follow the procedure set forth in section 9(g) of this chapter to opt back in.

(q) The commission shall adopt:

(1) rules under IC 4-22-2; or

(2) guidelines;

to assist electricity suppliers and industrial customers in complying with this section.

As added by P.L.246-2015, SEC.4. Amended by P.L.1-2025, SEC.117.
Ind. Code § 8-23-17-28 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-28
Adequate replacement dwelling requirement
Status: in_force

Sec. 28. A person is not required to move from the person's dwelling by an agency acquiring the dwelling or engaged in a code enforcement program unless the agency head has determined that an adequate replacement dwelling is available to the person.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-2.6-14 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-14
Payment of switched network access rates and other carrier compensation not affected
Status: in_force

Sec. 14. This chapter does not affect the rights and obligations of any person or entity concerning the payment of switched network access rates or other carrier compensation concerning:

(1) Internet Protocol enabled services;

(2) advanced services (as defined in 47 CFR 51.5);

(3) broadband service; or

(4) other Internet access services.

As added by P.L.27-2006, SEC.25.
Ind. Code § 8-20-1-61 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-61
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.70; Acts 1907, c.46, s.1; Acts 1909, c.148, s.1; Acts 1913, c.159, s.2; Acts 1915, c.176, s.3; Acts 1929, c.30, s.1. As amended by P.L.66-1984, SEC.128; P.L.3-1987, SEC.501; P.L.86-1988, SEC.210. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-16-3-1 — Indiana Code / Title 8 / Article 16 / Chapter 3 / Section 8-16-3-1
Authorization to provide fund
Status: in_force

Sec. 1. Notwithstanding IC 8-18-8-5, all municipal corporations and county executives may provide a cumulative bridge fund to provide funds for the cost of construction, maintenance, and repair of bridges, approaches, small structures, culverts, and grade separations under their jurisdiction. The county executive may use this fund for making county wide bridge inspection and safety ratings of all bridges in a county not on the state highway system. The inspection and safety ratings shall meet all the criteria of the National Bridge Inspection Standards promulgated by the Federal Highway Administration, U.S. Department of Transportation and shall be supervised and approved by a competent, qualified engineer, registered in the state.

Formerly: Acts 1951, c.299, s.1; Acts 1957, c.76, s.1; Acts 1971, P.L.101, SEC.1; Acts 1973, P.L.72, SEC.1. As amended by Acts 1977, P.L.113, SEC.1; P.L.86-1988, SEC.18; P.L.17-1995, SEC.8; P.L.173-2025, SEC.19.
Ind. Code § 8-6-2.1-23 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-23
Determination of damages; publication of notice of land appropriated, character of improvement, and preliminary awards; remonstrances; irregularities in proceedings
Status: in_force

Sec. 23. (a) Upon the completion of the roll, the board shall consider, determine and award the amount of damages sustained by the owners of the several parcels of land required to be appropriated, if any, as provided for in the resolution, or which will incur damages, and, then the board shall consider, determine and assess the amount of particular benefits which will accrue to the several lots or parcels of land, exclusive of improvements, lying within two thousand (2,000) feet of any grade crossing eliminated or altered by the improvement, or within two thousand (2,000) feet of any lands or rights-of-way abandoned in whole or in part for railroad use or from which railroad facilities are to be removed, as provided for in the resolution, by reason of their proximity, in addition to the benefits received by the lots or parcels of land in common with all property, real and personal, located in the district. The total amount of the particular benefits assessed against the lots and parcels of land, exclusive of improvements, located within the two thousand (2,000) feet, may not in any case exceed forty percent (40%) of the city's share of the total cost of the grade separation improvement.

(b) When the roll is completed, the board shall publish, in accordance with IC 5-3-1, a notice describing the location of the land appropriated and the general character of the improvement, and stating whether assessments have been made against lands within the two thousand (2,000) foot distance. The notice shall also state that the assessment roll, with the names of the owners in favor of whom damages have been awarded and against whom assessments have been made, and descriptions of property affected, with the amounts of preliminary awards or assessments as to each piece or parcel of property affected, is on file and can be seen in the office of the board. The board shall also send by United States mail a notice to the place of residence, if known, of persons owning lands to be taken, or incurring damages, or against which special assessments have been made, showing each item of the determination as to those persons. In case any person affected is a nonresident, or his residence is unknown, he is considered to have been notified by the publication. The notices shall name a day not earlier than ten (10) days after the last date of publication, or after the date of mailing, as above provided, on which the board will receive and hear remonstrances from persons with regard to the amount of their respective awards or assessments. Persons not included in the roll of awards or damages and claiming to be entitled to the same are considered to have been notified of the pendency of the proceedings by the original notice of the resolution of the board and by the publication required by this section.

(c) If there are defects or irregularities of any kind in the proceedings with respect to one (1) or more interested persons, they do not affect the proceedings, except so far as they may affect the interest or property of the person or persons, and do not avail any other person. In case of any defect, supplementary proceedings of the same general character as those otherwise prescribed by this chapter may be instituted in order to correct the defect.

[Pre-Local Government Recodification Citation: 19-5-14-23.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-1-2-31 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-31
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.34. Repealed by P.L.114-1987, SEC.2.
Ind. Code § 8-14-17-3 — Indiana Code / Title 8 / Article 14 / Chapter 17 / Section 8-14-17-3
"Fund"
Status: in_force

Sec. 3. As used in this chapter, "fund" refers to the alternative transportation construction fund established by section 4 of this chapter.

As added by P.L.203-2007, SEC.4.
Ind. Code § 8-1-1.9-1 — Indiana Code / Title 8 / Article 1 / Chapter 1.9 / Section 8-1-1.9-1
"Commission"
Status: in_force

Sec. 1. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.

As added by P.L.126-2018, SEC.1.
Ind. Code § 8-23-2-20 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-20
Communications infrastructure located before May 1, 2019, in department's rights-of-way; access rate or recurring charge prohibited
Status: in_force

Sec. 20. (a) As used in this section, "communications infrastructure" includes all facilities and equipment used to provide communications service (as defined in IC 8-1-32.5-3).

(b) Except:

(1) for routine right-of-way permit fees to enter the department's rights-of-way for the maintenance of existing facilities; and

(2) as provided for in written agreements the department has entered into with service providers before May 1, 2019;

the department shall not charge an access rate or any other recurring charge or recurring fee for communications infrastructure that is located before May 1, 2019, in any rights-of-way that are owned or controlled by the department.

As added by P.L.189-2019, SEC.9.
Ind. Code § 8-1.5-5-4.5 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-4.5
County department of storm water management; board of directors; compensation
Status: in_force

Sec. 4.5. (a) This section applies to a county.

(b) If the county executive adopts the provisions of this chapter by ordinance, a department of storm water management is established and is controlled by a board of directors.

(c) An ordinance adopted under this section shall provide for the appointment of:

(1) the members of the county executive; and

(2) the county surveyor;

as the board of directors of the department. The term of office of a member of the board who is appointed from the membership of the county executive is coextensive with the member's term of office on the county executive. The term of the surveyor or the surveyor's designee as a member of the board is coextensive with the surveyor's term of office.

(d) A member of the board of directors is not entitled to a salary or per diem for serving as a member of the board of directors. However, a member shall be reimbursed for necessary expenses incurred by the member in the performance of official duties.

As added by P.L.282-2003, SEC.7.
Ind. Code § 8-18-8-2 — Indiana Code / Title 8 / Article 18 / Chapter 8 / Section 8-18-8-2
Repealed
Status: repealed

Formerly: Acts 1932(ss), c.16, s.2. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-3-7-2 — Indiana Code / Title 8 / Article 3 / Chapter 7 / Section 8-3-7-2
Violation; penalty; action to recover
Status: in_force

Sec. 2. In case any railroad company shall refuse or neglect to comply with the requirements specified in section 1 of this chapter, such company shall be liable in a penalty of twenty-five dollars ($25), to be prosecuted for in an action of debt by any person feeling himself aggrieved. Said suit may be brought before any court in the county, who shall require of the complainant surety to pay costs in case he fails to maintain his action. Summons may be served on any agent or officer of the company.

Formerly: Acts 1889, c.82, s.2. As amended by P.L.62-1984, SEC.28.
Ind. Code § 8-21-10-8 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-8
Airport and heliport imaginary surfaces
Status: in_force

Sec. 8. (a) The following airport imaginary surfaces are established with relation to any public-use airport and to each runway:

(1) Horizontal surface: a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radii of each arc is five thousand (5,000) feet for all runways designated as utility or visual, and ten thousand (10,000) feet for all other runways.

(2) Conical surface: a surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

(3) Primary surface: a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of the runway, but when the runway has no specially prepared hard surface, the primary surface ends at each end of that runway. The width of a primary surface is the following:

(A) Two hundred fifty (250) feet for utility runways having only visual approaches.

(B) Five hundred (500) feet for utility runways having nonprecision instrument approaches.

(C) For other than utility runways, the width is the following:

(i) Five hundred (500) feet for visual runways having only visual approaches.

(ii) Five hundred (500) feet for nonprecision instrument runways having visibility minimums greater than three-fourths (3/4) of a statute mile.

(iii) One thousand (1,000) feet for a nonprecision instrument runway, having a nonprecision instrument approach with visibility minimums as low as three-fourths (3/4) of a statute mile, and for precision instrument runways.

(4) Approach surface: a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end. The following also applies to the approach surface:

(A) The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of the following:

(i) One thousand two hundred fifty (1,250) feet for that end of a utility runway with only visual approaches.

(ii) One thousand five hundred (1,500) feet for that end of a runway other than a utility runway with only visual approaches.

(iii) Two thousand (2,000) feet for that end of a utility runway with a nonprecision instrument approach.

(iv) Three thousand five hundred (3,500) feet for that end of a nonprecision instrument runway other than utility, having visibility minimums greater than three-fourths (3/4) of a statute mile.

(v) Four thousand (4,000) feet for that end of a nonprecision instrument runway, other than utility, having a nonprecision instrument approach with visibility minimums as low as three-fourths (3/4) of a statute mile.

(vi) Sixteen thousand (16,000) feet for precision instrument runways.

(B) The approach surface extends for a horizontal distance of the following:

(i) Five thousand (5,000) feet at a slope of twenty (20) to one (1) for all utility and visual runways.

(ii) Ten thousand (10,000) feet at a slope of thirty-four (34) to one (1) for all nonprecision instrument runways other than utility.

(iii) Ten thousand (10,000) feet at a slope of fifty (50) to one (1) with an additional forty thousand (40,000) feet at a slope of forty (40) to one (1) for all precision instrument runways.

(5) Transitional surfaces: these surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven (7) to one (1) from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.

(b) As used in subsection (a) in establishing airport imaginary surfaces:

"Nonprecision instrument runway" means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved, or planned, and for which no precision approach facilities are planned, or indicated on a Federal Aviation Administration planning document.

"Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), microwave landing system (MLS), or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated by a Federal Aviation Administration approved airport layout plan or other planning document.

"Utility runway" means a runway that is constructed for and intended to be used by propeller driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight or less.

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on a Federal Aviation Administration approved airport layout plan or any other planning document.

(c) The following heliport imaginary surfaces are established with relation to any public-use heliport:

(1) Heliport primary surface: the area of the primary surface coincides in size and shape with the designated takeoff and landing area of a heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.

(2) Heliport approach surface: the approach surface begins at each end of the heliport primary surface with the same width as the primary surface, and extends outward and upward for a horizontal distance of four thousand (4,000) feet where its width is five hundred (500) feet. The slope of the approach surface is eight (8) to one (1) for civil heliports.

(3) Heliport transitional surfaces: these surfaces extend outward and upward from the lateral boundaries of the heliport primary surface and from the approach surfaces at a slope of two (2) to one (1) for a distance of two hundred fifty (250) feet measured horizontally from the centerline of the primary and approach surfaces.

As added by P.L.117-1983, SEC.1.
Ind. Code § 8-15.5-8-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 8 / Section 8-15.5-8-1
Property tax exemption
Status: in_force

Sec. 1. Notwithstanding IC 5-1.2-9-27, or any other law, a project and tangible personal property used exclusively in connection with a project that are:

(1) owned by the authority or a governmental entity and leased, franchised, licensed, or otherwise conveyed to an operator; or

(2) acquired, constructed, or otherwise provided by an operator in connection with a project;

under the terms of a public-private agreement are considered to be public property devoted to an essential public and governmental function and purpose and the property, and an operator's leasehold estate, franchise, license, and other interests in the property, are exempt from all ad valorem property taxes and special assessments levied against property by the state or any political subdivision of the state.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.161; P.L.91-2014, SEC.30; P.L.189-2018, SEC.93.
Ind. Code § 8-15.5-7-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 7 / Section 8-15.5-7-1
Power of authority to fix user fees
Status: in_force

Sec. 1. (a) Notwithstanding any other statute, the authority may fix and revise the amounts of user fees that an operator may charge and collect for the use of any part of a toll road project or a facility project in accordance with the public-private agreement.

(b) In fixing the amounts referred to in subsection (a), the authority may:

(1) establish maximum amounts for the user fees; and

(2) subject to subsection (c), provide for increases or decreases of the user fees or the maximum amounts established based upon the indices, methodologies, or other factors that the authority considers appropriate.

(c) For a public-private agreement for a toll road project entered into after June 30, 2011, the department may not use a methodology based on:

(1) toll collection success rates; or

(2) other factors internal to the operator;

that could result in increases of the maximum amounts due to actual toll collection rates that are below estimated or anticipated toll collection rates.

As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.7; P.L.213-2015, SEC.115.
Ind. Code § 8-4-7-8 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-8
Eminent domain; application of law
Status: in_force

Sec. 8. The condemnations authorized in section 7 of this chapter may be made according to:

(1) the provisions of the charter of any or either of the proprietary companies;

(2) the general railroad law of Indiana in effect at the time that provides for the condemnation of real estate for railroad purposes; or

(3) IC 32-24-1.

Formerly: Acts 1885, c.20, s.8. As amended by P.L.62-1984, SEC.50; P.L.2-2002, SEC.41.
Ind. Code § 8-1-1.1-1 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-1-b
Definitions
Status: in_force

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 1. As used in this chapter:

"Council" means the advisory council to the office of utility consumer counselor created under section 7 of this chapter (before its repeal).

"Counselor" means the consumer counselor established under section 2 of this chapter.

"Deputy consumer counselor" means the deputy consumer counselor for Washington affairs that may be established under section 9.1 of this chapter.

"Utility" means any public utility, municipally owned utility or subscriber owned utility under the jurisdiction of the commission.

As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.43-1983, SEC.6; P.L.23-1988, SEC.18; P.L.1-1990, SEC.91; P.L.152-2026, SEC.75.
Ind. Code § 8-1-2.7-10 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-10
Confirmation of withdrawal
Status: in_force

Sec. 10. (a) If a utility successfully withdraws from commission jurisdiction, the board of directors shall, within five (5) days of the meeting, send written confirmation to the secretary of the commission containing the following information:

(1) The total membership or number of shareholders of the utility.

(2) The total number of members or shareholders:

(A) present at the meeting; and

(B) voting by absentee ballot.

(3) The vote totals both for and against withdrawal.

(4) Written verification of notice of the meeting.

(5) An affidavit, signed by all of the members of the board of directors, stating that all of the requirements of this chapter have been met.

(b) If a utility successfully withdraws from commission jurisdiction, the utility is not required to pay the public utility fee imposed under IC 8-1-6.

(c) Notwithstanding any other provision of this chapter, a utility described in section 1.3(a)(2) of this chapter that has withdrawn from commission jurisdiction remains subject to commission jurisdiction with regard to the requirements of IC 8-1-2-89(f).

(d) Whenever two (2) or more utilities described in section 1.3(a)(1) or 1.3(a)(2) of this chapter propose to consolidate, and at least one (1), but not all of the utilities have withdrawn from commission jurisdiction, then the following apply:

(1) For purposes of the consolidation, all of the utilities are under the commission's jurisdiction.

(2) The new corporation that is formed as a result of the consolidation is under the commission's jurisdiction for all purposes and must fully comply with this chapter in order to withdraw from commission jurisdiction.

(e) If two (2) or more utilities described in section 1.3(a)(1)(C) or 1.3(a)(2)(C) of this chapter propose to consolidate, and all of the cooperatives have withdrawn from commission jurisdiction, the new utility continues to operate outside the commission's jurisdiction under the terms of this section.

(f) The commission's approval is not required for consolidation of two (2) or more utilities that have all withdrawn from commission jurisdiction.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.13; P.L.82-1997, SEC.13; P.L.159-1999, SEC.12; P.L.60-2024, SEC.5.
Ind. Code § 8-18-21-8 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-8
Revenue bonds; execution; notice of sale; sale
Status: in_force

Sec. 8. (a) The revenue bonds shall be executed by the president of the board of directors, the corporate seal of the authority shall be affixed to the bonds and attested by the secretary of the board, and the interest coupons attached to the bonds shall be executed by placing the facsimile signature of the treasurer of the board on them.

(b) Notice of the sale of the bonds shall be published in accordance with IC 5-3-1.

(c) The board of directors shall sell the bonds at public sale, for not less than their par value. The board shall award the bonds to the highest bidder, as determined by computing the total interest on the bonds from the date of sale to the dates of maturity and deducting from that amount the premium bid, if any. Any premium received from the sale of the bonds shall be used solely for the payment of principal and interest on the bonds. If the bonds are not sold on the date fixed for the sale, then the sale may be continued from day to day until a satisfactory bid has been received.

As added by P.L.386-1987(ss), SEC.21.
Ind. Code § 8-23-26-10 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-10
Utility customer service facilities; responsibilities for relocation
Status: in_force

Sec. 10. If a highway or bridge construction or improvement project requires the relocation of customer service facilities, the utility providing service to the customer is responsible for arranging the relocation of the utility's customer service facilities required to be relocated in accordance with this chapter.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-1-37-5 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-5
"Clean portfolio standard goal"
Status: in_force

Sec. 5. As used in this chapter, "clean portfolio standard goal", or "CPS goal", refers to a goal set forth in section 12(a) of this chapter that a participating electricity supplier must achieve during a specified period during the program to qualify for one (1) or more of the financial incentives described in section 13 of this chapter.

As added by P.L.150-2011, SEC.16.
Ind. Code § 8-4.5-5-17 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-17
Reimbursement of actual project costs
Status: in_force

Sec. 17. (a) Actual eligible project costs incurred as specified in the agreement, not to exceed the amounts authorized by the project agreement, must be reimbursed.

(b) Project expenditures incurred after the board has made a funding commitment but before execution of the agreement may be reimbursed if prior written authorization is obtained from the department of natural resources and a project agreement is subsequently executed. However, reimbursement may not be paid until the project agreement has been executed.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-15-3-36 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-36
Request for waiver to toll
Status: in_force

Sec. 36. (a) If the department, with the approval of the governor, decides to establish toll lanes, the department shall submit a request to the Federal Highway Administration for a waiver to toll lanes on interstate highways. If a waiver is granted under this section, toll lanes may be established in accordance with this title.

(b) The first toll lanes established on an interstate highway must be located at least seventy-five (75) miles from an interstate highway or bridge on which travel is subject to tolling as of July 1, 2017. This subsection does not apply if a waiver is applied for under subsection (a) after January 1, 2025.

As added by P.L.218-2017, SEC.72. Amended by P.L.173-2025, SEC.16.
Ind. Code § 8-15-3-15 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-15
Transfer or lease of property
Status: in_force

Sec. 15. The department may transfer to the tollway or lease, license, or otherwise transfer to the authority or the operator of a tollway any real property or interest in real property acquired by it under section 13 or 31 of this chapter, IC 8-23-7, or otherwise that is necessary, desirable, or convenient for the financing, construction, maintenance, and operation of any tollway or part of a tollway, or as otherwise required under this chapter.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.18-1990, SEC.140; P.L.47-2006, SEC.25.
Ind. Code § 8-1-8.8-15 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-15
Commission's power to review approved projects
Status: in_force

Sec. 15. The commission may review any project approved under this chapter to determine that the project continues to comply with the commission's order initially approving incentives under this chapter. The commission may revoke any incentive approved in the order if the commission finds that the project no longer complies with the provisions of the order concerning the incentive.

As added by P.L.159-2002, SEC.6.
Ind. Code § 8-1-1-3 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-3
Organization of commission; administrative law judges; investigation and hearing; bond; powers and duties
Status: in_force

Sec. 3. (a) The members of the commission shall meet and organize the commission. The commission may, subject to the approval of the governor, appoint a secretary of the commission.

(b) The salaries of the members and secretary of the commission shall be fixed by the governor, subject to the approval of the budget agency; however, the salaries of the chairman and the members shall not be less than the following annual minimum amounts:

(1) For the chairman, sixty-five thousand dollars ($65,000).

(2) For the members, sixty thousand dollars ($60,000) each.

(c) The commission may appoint one (1) or more administrative law judges who shall be responsible to and serve at the will and pleasure of the commission. While serving, the administrative law judges shall devote full time to the duties of the commission and shall not be actively engaged in any other occupation, profession, or business that constitutes a conflict of interest or otherwise interferes with carrying out their duties as administrative law judges. The salary of each administrative law judge shall be fixed by the commission subject to the approval of the budget agency but may not be less than the following annual amounts:

(1) For the chief administrative law judge, forty-five thousand dollars ($45,000).

(2) For all other administrative law judges, forty thousand dollars ($40,000).

(d) A majority of the commission members shall constitute a quorum.

(e) On order of the commission any one (1) member of the commission, or an administrative law judge, may conduct a hearing or an investigation, and take evidence in the hearing or investigation, and report on the hearing or investigation to the commission for the commission's consideration and action; however, a hearing concerning a request for a general increase in the basic rates and charges of a utility in an amount exceeding twenty million dollars ($20,000,000) may only be conducted by one (1) or more commission members.

(f) Each member of the commission shall give bond in the sum of ten thousand dollars ($10,000) for the faithful performance of the member's duties. Such bond shall be filed with the secretary of state.

(g) The commission shall formulate rules necessary or appropriate to carry out this chapter, and shall perform the duties imposed by law upon it.

(h) The commission may:

(1) employ, with the approval of the governor and the state budget agency, sufficient professional staff, including specialists, technicians, and analysts, who are exempt from the job classifications and compensation schedules established under IC 4-15; and

(2) purchase, lease, or otherwise acquire for the commission's internal use sufficient technical equipment necessary for the commission to carry out its statutory duties.

Formerly: Acts 1941, c.101, s.3; Acts 1943, c.211, s.1; Acts 1963, c.326, s.2. As amended by Acts 1979, P.L.84, SEC.1; P.L.43-1983, SEC.4; P.L.23-1988, SEC.13; P.L.92-1993, SEC.1; P.L.136-2018, SEC.43.
Ind. Code § 8-1-8.5-8 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-8
Construction of chapter; valuation of property
Status: in_force

Sec. 8. Except as otherwise provided in this chapter, nothing in this chapter limits the commission's responsibility regarding valuation of utility property under IC 8-1-2-6.

As added by P.L.5-1988, SEC.47. Amended by P.L.53-1992, SEC.8.
Ind. Code § 8-1-38-5 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-5
"Public utility"
Status: in_force

Sec. 5. As used in this chapter, "public utility" has the meaning set forth in IC 8-1-8.5-1.

As added by P.L.174-2013, SEC.1.
Ind. Code § 8-1-17.5-10 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-10
Articles of merger or consolidation; contents; filing with secretary of state; articles of incorporation; abandonment of plan before filing
Status: in_force

Sec. 10. (a) If at each meeting of members at which a vote is taken on a plan of merger or consolidation, as required by section 9 of this chapter, the plan of merger or consolidation is approved by a resolution adopted and receiving the affirmative vote of at least a majority of the total number of members who either:

(1) are present and voting at the meeting; or

(2) as authorized under:

(A) IC 8-1-13-8(f);

(B) IC 8-1-17-9(g); or

(C) section 14(e) of this chapter;

as applicable, cast a vote before the date of the meeting;

the directors of the surviving corporation or successor corporation, as identified in the plan of merger or consolidation, shall subscribe and acknowledge articles entitled and endorsed "Articles of merger (consolidation) of __________" (the blank space being filled in with the names of the corporations being merged or consolidated, as appropriate).

(b) The articles of merger or consolidation required by subsection (a) must include the following:

(1) The names of the corporations being merged or consolidated.

(2) The name of the surviving corporation or successor corporation.

(3) A statement that each merging or consolidating corporation agrees to the merger or consolidation.

(4) The maximum number of directors for the surviving corporation or successor corporation, which number may not be less than three (3).

(5) The names and addresses of the directors of the surviving corporation or successor corporation.

(6) The terms and conditions of the merger or consolidation and the mode of carrying the merger or consolidation into effect, including the manner in which members of the merging or consolidating corporations may or shall become members of the surviving corporation or successor corporation.

(7) The location of the surviving corporation's or successor corporation's principal office, along with the mailing address for the surviving corporation or successor corporation.

(8) A specified period for the duration of the surviving corporation or successor corporation or a statement that the duration of the surviving corporation or successor corporation is to be perpetual.

(c) In addition to the items required by subsection (b), the articles of merger or consolidation required by subsection (a) may include:

(1) provisions creating, defining, limiting, or regulating the powers of the surviving corporation or successor corporation; and

(2) any other provision that:

(A) is not contrary to law;

(B) is contained in the plan of merger or consolidation approved by the respective memberships of the merging or consolidating corporations; and

(C) concerns the regulation of the business or conduct of the affairs of the surviving corporation or successor corporation.

(d) Subject to subsection (f), the articles of merger or consolidation, or one (1) or more certified copies of the articles of merger or consolidation, shall be filed in the office of the secretary of state. Upon filing with the secretary of state, the surviving corporation or successor corporation, under its designated name, constitutes a body corporate with all the powers of the merging or consolidating corporations as originally formed under:

(1) IC 8-1-13;

(2) IC 8-1-17; or

(3) this chapter;

as applicable.

(e) Upon being filed with the secretary of state under subsection (d), the articles of merger or consolidation are considered the articles of incorporation of the surviving corporation or successor corporation, and the surviving corporation or successor corporation may subsequently amend the articles of incorporation in accordance with IC 23-17-17.

(f) At any time after a plan of merger or consolidation is approved by the respective memberships of the corporations that seek to merge or consolidate, as described in subsection (a), and before articles of merger or consolidation are filed with the secretary of state under subsection (d), the plan of merger or consolidation may be abandoned without further action by the respective memberships, boards of directors, or other persons who proposed or approved the plan of merger or consolidation for the corporations that sought to merge or consolidate. A plan of merger or consolidation that is abandoned under this subsection must be abandoned:

(1) in accordance with any procedure set forth for that purpose in the plan of merger or consolidation; or

(2) in the manner determined by the boards of directors of the corporations that sought to merge or consolidate, if a procedure described in subdivision (1) is not set forth in the plan of merger or consolidation.

As added by P.L.18-2010, SEC.1. Amended by P.L.42-2011, SEC.18; P.L.49-2018, SEC.8.
Ind. Code § 8-1-40-21 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-21
Commission's net metering and interconnection rules; application to distributed generation; permitted changes to rules
Status: in_force

Sec. 21. (a) Subject to subsection (b) and sections 10 and 11 of this chapter, after June 30, 2017, the commission's rules and standards set forth in:

(1) 170 IAC 4-4.2 (concerning net metering); and

(2) 170 IAC 4-4.3 (concerning interconnection);

remain in effect and apply to net metering under an electricity supplier's net metering tariff and to distributed generation under this chapter.

(b) After June 30, 2017, the commission may adopt changes under IC 4-22-2 to the rules and standards described in subsection (a) only as necessary to:

(1) update fees or charges;

(2) adopt revisions necessitated by new technologies; or

(3) reflect changes in safety, performance, or reliability standards.

As added by P.L.264-2017, SEC.6. Amended by P.L.93-2024, SEC.73.
Ind. Code § 8-2-15-11 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-11
Discontinuance
Status: repealed

Sec. 11. If any ferry shall not be furnished with the necessary boats and ferrymen within six (6) months after the establishment thereof, or if the proprietor shall willfully neglect to attend to the same, or shall fail to comply with any of the requirements of the proper board of commissioners, such board, on complaint to them, shall cause the proprietor of such ferry to be summoned to show cause, at the next meeting of the board, why such ferry shall not be discontinued; and such board shall vacate such ferry or dismiss such complaint, according to the testimony adduced, and may award costs against the complainant, if such complaint is dismissed, or against the proprietor, if the ferry be vacated.

Formerly: Acts 1881(ss), c.52, s.11.
Ind. Code § 8-4-1-33 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-33
Repealed
Status: repealed

Formerly: Acts 1852, 1RS, c.83, s.36. As amended by Acts 1897, c.37, s.1. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-1-2.7-1.4 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-1.4
"Members" and "shareholders" defined
Status: in_force

Sec. 1.4. As used in this chapter, "members" of a not-for-profit water or sewage disposal company and "shareholders" of a privately owned water or sewage disposal company shall also include the customers of that utility.

As added by P.L.80-1997, SEC.3 and P.L.82-1997, SEC.3. Amended by P.L.159-1999, SEC.3.
Ind. Code § 8-21-9-25 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-25
Refunding bonds
Status: repealed

Sec. 25. The commissioner may, subject to IC 8-9.5-5-8(6) (repealed), provide for the issuance of airport revenue refunding bonds of the state payable solely from revenues for the purpose of refunding any bonds then outstanding which have been issued under this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the department, for the additional purpose of constructing improvements, extensions, or enlargements of the airport facility or airport facilities in connection with which the bonds to be refunded have been issued. The issuance of the bonds, the maturities and other details thereof, the rights of the holders thereof and the rights, duties, and obligations of the authority in respect of the same shall be governed by this chapter insofar as this chapter is applicable.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.356; P.L.18-1990, SEC.161; P.L.1-2009, SEC.75.
Ind. Code § 8-5-15-20 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-20
Agreements between district and system; contents
Status: in_force

Sec. 20. Any agreement between the district and the system, the principal purpose of which is to provide passenger rail service, must include the following provisions:

(1) That the replacement of capital assets employed in the provision of passenger service will be provided for prudently.

(2) That the methods of conducting and accounting for financial transactions between parties to agreements will be compatible with the fiduciary responsibilities of the district and the purposes of this chapter and follows generally accepted accounting principles.

(3) That the system shall maintain complete and accurate books and records, permit reasonable access by the district and its duly authorized representatives to the books and records of the system, and permit the district or its representatives, at reasonable times and subject to reasonable confidentiality restrictions, to inspect the properties and operations of the system.

(4) That the system shall also provide:

(A) system performance information, which will permit an assessment of passenger service in general and service levels in particular;

(B) information concerning the operation and administration of the passenger rail service;

(C) a projection of significant operational and administrative changes scheduled to take place in the enusing fiscal year;

(D) a projection of capital expenditures scheduled to be undertaken by the system in the ensuing fiscal year; and

(E) a list of capital improvements that the system requests that the district undertake in the ensuing five (5) years.

(5) That a marketing study shall be undertaken no less frequently than every three (3) years. The study may be undertaken jointly by the system and the district. The study must measure and evaluate passenger attitudes and requirements concerning service levels, service quality, fares, and opportunities to improve service or to increase ridership.

(6) That the passenger service deficit will not exceed an agreed amount (with an allowance agreed to by the parties for variable expenses) during the term of the agreement.

As added by P.L.385-1987(ss), SEC.12.
Ind. Code § 8-1-2.8-18 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-18
Articles of incorporation
Status: in_force

Sec. 18. The articles of incorporation of the InTRAC must provide the following:

(1) The name of the corporation shall be "Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired".

(2) The sole purpose for which the InTRAC shall be organized and operated is to provide at the lowest cost reasonably possible:

(A) on behalf of LECs and the citizens of Indiana; and

(B) in conjunction with LECs;

adequate and dependable dual party relay services that may include in appropriate circumstances in the sole discretion of the InTRAC telecommunications devices to deaf, hard of hearing, and speech impaired persons within the territorial area in Indiana that LECs serve in a manner that meets or exceeds the requirements of regulations prescribed by the FCC.

(3) The InTRAC must have authority to perform any lawful act that is necessary, convenient, or expedient to accomplish the purpose for which the InTRAC is formed.

(4) No part of the net earnings of the InTRAC may inure to the benefit of any member, director, or officer of the InTRAC, nor shall any member of the InTRAC receive any earnings from the corporation except as follows:

(A) A member may be an independent contractor, a supplier, a vendor, or an authorized agent of the InTRAC and may receive fair and reasonable compensation for the member's provision of goods or services.

(B) An officer may receive reasonable compensation for services that the officer performs in the officer's capacity as an officer of the InTRAC.

(C) A director may be reimbursed for expenses incurred by the director in the performance of the director's duties.

(5) The InTRAC may not:

(A) make an advancement for services to be performed in the future; or

(B) make a loan of money or property to any director or officer of the corporation.

(6) No member, director, or officer of the InTRAC or any private individual may share in the distribution of any of the assets of the InTRAC upon its dissolution.

(7) If there is a dissolution of the InTRAC, any of the assets of the InTRAC available for distribution shall be distributed to a charity:

(A) selected by the board of directors of the InTRAC; and

(B) having a purpose that includes providing services to persons who are deaf, hard of hearing, and speech impaired.

(8) The InTRAC shall have one (1) class of members consisting of those communications service providers that are designated as authorized LECs by the commission.

(9) Each member of the InTRAC shall serve as a member for as long as the commission finds that the member is a LEC. A member's:

(A) right to vote at meetings of the members of the InTRAC; and

(B) right, title, and interest in or to the corporation;

cease on the termination of a member's membership.

(10) Each member present in person or by proxy at a meeting of the members of the InTRAC may cast one (1) vote upon each question voted upon at:

(A) all meetings of the members; and

(B) in any election of a director of the InTRAC.

(11) The board of directors of the InTRAC consists of seven (7) directors selected as follows:

(A) Six (6) directors elected by the members of the InTRAC.

(B) The director of the state office of deaf and hearing impaired services.

(12) The business, property, and affairs of the InTRAC are managed and controlled by the board of directors of the InTRAC.

As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.5; P.L.27-2006, SEC.31; P.L.109-2012, SEC.10.
Ind. Code § 8-17-4.1-6 — Indiana Code / Title 8 / Article 17 / Chapter 4.1 / Section 8-17-4.1-6
Contents of report
Status: in_force

Sec. 6. This report shall be prepared on forms prescribed by the state board of accounts and must disclose all information considered necessary by the state board of accounts to reflect the financial condition and operations of the department.

Formerly: Acts 1971, P.L.103, SEC.1. As amended by P.L.86-1988, SEC.120; P.L.173-2003, SEC.11.
Ind. Code § 8-15-2-8 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-8
Powers to appropriate
Status: in_force

Sec. 8. The authority may acquire by appropriation any land, property, rights, rights-of-way, franchises, easements, or other property necessary or proper for the construction or the efficient operation of any toll road project in the manner provided by IC 8-23-7. However, a compensation for the property so taken shall first be made in money as provided by law. Nothing in this chapter shall authorize the authority to take or disturb property or facilities belonging to any public utility or to a common carrier engaged in interstate commerce, which property or facilities are required for the proper and convenient operation of the public utility or common carrier, unless provision is made for the restoration, relocation, or duplication of the property or facilities elsewhere at the sole cost of the authority excepting, however, cases in which the equipment or facilities are located within the limits of existing highways or public thoroughfares being constructed, reconstructed, or improved under the provisions of this chapter.

Formerly: Acts 1951, c.281, s.8. As amended by Acts 1980, P.L.74, SEC.232; P.L.109-1983, SEC.11; P.L.18-1990, SEC.131.
Ind. Code § 8-1-1.9-6 — Indiana Code / Title 8 / Article 1 / Chapter 1.9 / Section 8-1-1.9-6
Wastewater utility not under the jurisdiction of the commission; required proposals; approval; IURC annual report
Status: in_force

Sec. 6. (a) This section applies to a wastewater utility that:

(1) is not subject to the jurisdiction of the commission for the approval of rates and charges; and

(2) receives wholesale wastewater service from another wastewater utility.

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

(1) public utility;

(2) municipally owned utility (as defined in IC 8-1-2-1(h)) that serves fewer than eight thousand (8,000) customers;

(3) not-for-profit utility (as defined in IC 8-1-2-125(a));

(4) cooperatively owned corporation;

(5) conservancy district established under IC 14-33; or

(6) regional sewer district established under IC 13-26.

(c) Before a wastewater utility may:

(1) disconnect from the wholesale wastewater service provided by another wastewater utility; and

(2) construct a new wastewater treatment plant to serve its customers;

the wastewater utility must obtain the approval of the commission of its plan to disconnect from the other wastewater utility's wholesale wastewater service and construct a new wastewater treatment plant.

(d) A wastewater utility to which subsection (c) applies must submit to the commission as part of the wastewater utility's case in chief:

(1) the current costs incurred by the wastewater utility for utility service with the other wastewater utility providing wholesale wastewater service;

(2) the projected future costs to be incurred by the wastewater utility for utility service if the other wastewater utility were to continue providing wholesale wastewater service; and

(3) the projected future costs to be incurred by the wastewater utility for utility service if the wastewater utility were to disconnect from the other wastewater utility providing wholesale wastewater service and construct a new wastewater treatment plant.

(e) The commission may approve a wastewater utility's proposal under subsection (c) if the commission finds that:

(1) the disconnection from the wholesale wastewater service and the construction of a new wastewater treatment plant is reasonable and in the public interest;

(2) the total rates charged by the wastewater utility for wastewater service will not increase above the projected cost of continued service with the wholesale wastewater service provider as a result of the disconnection from the wholesale wastewater service and the new wastewater treatment plant construction;

(3) the wastewater utility has developed an asset management program, as defined in guidelines adopted by the Indiana finance authority under IC 5-1.2; and

(4) the wastewater utility has the legal, managerial, technical, and financial expertise to construct and manage a new wastewater treatment plant.

(f) In the commission's annual report under IC 8-1-1-14, the commission shall include a description of any activity under this section.

As added by P.L.232-2023, SEC.1. Amended by P.L.9-2024, SEC.279.
Ind. Code § 8-19-3-2 — Indiana Code / Title 8 / Article 19 / Chapter 3 / Section 8-19-3-2
Improvements in accord with plans and specifications
Status: in_force

Sec. 2. After establishment of grades and receipt of the plans and specifications from the engineer, the petitioners, at their own expense, and under the direction of the engineer, shall improve the road according to plans and specifications.

Formerly: Acts 1921, c.178, s.2. As amended by P.L.86-1988, SEC.159.
Ind. Code § 8-23-2-11 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-11
Application of section; surplus property; trust bid
Status: in_force

Sec. 11. (a) This section applies to the disposal of surplus real or personal property by the department.

(b) Whenever surplus real property or personal property is disposed of by acceptance of bids, a bid 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.22.
Ind. Code § 8-1-2-121 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-121
Termination of residential electric or gas service
Status: in_force

Sec. 121. (a) As used in this section, "electric or gas utility" includes a municipally owned, privately owned, or cooperatively owned utility.

(b) As used in this section, "electric utility" includes a privately owned or cooperatively owned utility.

(c) Notwithstanding any other provision of law, but subject to subsection (i), the following apply with respect to the termination of residential electric or gas service:

(1) An electric or gas utility may not terminate residential electric or gas service from December 1 through March 15 of any year for customers who are eligible for and have applied for assistance from a heating assistance program administered under IC 4-4-33.

(2) Subject to subsection (d), on any day for which a local weather forecast office of the National Weather Service has forecast, not earlier than forty-eight (48) hours in advance, a heat index of at least ninety-five (95) degrees Fahrenheit for a county or part of a county within an electric utility's assigned service area under IC 8-1-2.3, the electric utility may not terminate residential electric service for customers who:

(A) receive residential electric service from the electric utility at a location to which the forecasted heat index applies; and

(B) are eligible for and have applied for assistance under a heating assistance program administered under IC 4-4-33 during the calendar year in which the forecast is made.

For purposes of subdivision (1), the commission shall implement procedures to ensure that electric or gas utility service is continued while eligibility for such customers is being determined.

(d) If:

(1) an electric utility has provided a notice of disconnection to a customer described in subsection (c)(2) before the local weather forecast office of the National Weather Service forecasts a heat index described in subsection (c)(2) for the customer's service location; and

(2) the fourteen (14) day period following the issuance of the disconnection notice during which the electric utility is prohibited from terminating the customer's electric service under 170 IAC 4-1-16 would have elapsed on the forecasted date for the heat index to reach the level described in subsection (c)(2);

the fourteen (14) day period described in subdivision (2) is tolled until the first day that follows the day with respect to which the forecast was made and during which the forecasted heat index is not reached.

(e) Not later than June 1, 2026, an electric or gas utility shall post on the electric or gas utility's website a notice that:

(1) informs customers of the relief available to eligible customers under subsection (c); and

(2) includes:

(A) a toll free telephone number; or

(B) a link to a web page;

that a customer may call or access for information on how to apply for assistance from a heating assistance program administered under IC 4-4-33.

(f) An electric or gas utility shall provide any residential customer whose account is delinquent an opportunity to enter into a reasonable amortization agreement with such company to pay the delinquent account. Such an amortization agreement must provide the customer with adequate opportunity to apply for and receive the benefits of any available public assistance program. An amortization agreement is subject to amendment on the customer's request if there is a change in the customer's financial circumstances.

(g) The commission may establish a reasonable rate of interest which a utility may charge on the unpaid balance of a customer's delinquent bill that may not exceed the rate established by the commission under section 34.5 of this chapter.

(h) The commission shall adopt rules under IC 4-22-2 to carry out the provisions of this section.

(i) This section does not prohibit an electric or gas utility from terminating residential utility service upon a request of a customer or under the following circumstances:

(1) If a condition dangerous or hazardous to life, physical safety, or property exists.

(2) Upon order by any court, the commission, or other duly authorized public authority.

(3) If fraudulent or unauthorized use of electricity or gas is detected and the utility has reasonable grounds to believe the affected customer is responsible for such use.

(4) If the utility's regulating or measuring equipment has been tampered with and the utility has reasonable grounds to believe that the affected customer is responsible for such tampering.

As added by P.L.43-1983, SEC.10. Amended by P.L.41-1987, SEC.6; P.L.2-1992, SEC.78; P.L.181-2006, SEC.48; P.L.36-2026, SEC.5.
Ind. Code § 8-21-3-19.5 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-19.5
Aircraft rental; notice of insurance coverage
Status: in_force

Sec. 19.5. (a) Each person offering an aircraft for rental shall, at the time the aircraft is rented, provide the renter of the aircraft with written notice of the nature and extent of any insurance covering the aircraft as specified in subsection (b).

(b) The form of the notice required by subsection (a) must be as follows:

NOTICE OF INSURANCE COVERAGE

As a renter of aircraft, you are hereby notified that:

(1) You (are)(are not) (strike phrase not applicable) insured under a policy or policies of insurance provided by the undersigned and providing liability coverage to renters of aircraft. If coverage is provided, it is in the amount of $_____.

(a) The above insurance is subject to a deductible amount of $_____.

(2) You (are)(are not) (strike phrase not applicable) insured for hull damage to the aircraft. If hull insurance is provided, it is in the amount of $____.

(a) The above insurance is subject to a deductible amount of $____.

(3) Although insurance may be provided for liability or hull coverage (or both), the undersigned's insurance carrier has full rights to subrogate against you for any payments it may be required to make on account of any damage or loss arising out of your operation of the aircraft. It is suggested that you carry insurance to protect you to partially or fully cover this possibility.

_________________________________________

(Signature of Person or Officer of

Company Renting Aircraft)

Dated _________________________, 20_________

(Month)

(Day)

(Year)

I acknowledge receipt of this notice of insurance coverage.

Dated _________________________, 20_________

(Month)

(Day)

(Year)

(c) The notice required by this section constitutes a part of a rental agreement, whether written or oral. Each renter must provide written acknowledgment of receipt of the notice.

(d) Receipt of notice under this section constitutes notice for a subsequent rental of the same aircraft to the same person unless the amount of insurance coverage has been reduced or eliminated (as specified in the original notice), in which case a new notice is required.

(e) A person offering an aircraft for rental shall maintain a copy of the notice provided to each renter for at least three (3) years from the date of the last rental to that renter.

(f) A person offering an aircraft for rental who fails to provide notice as required by this section commits a Class A infraction.

As added by P.L.120-1989, SEC.1. Amended by P.L.2-2005, SEC.28.
Ind. Code § 8-1-7.9-18 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-18
Petition for approval of EGR plan; required information
Status: in_force

Sec. 18. (a) This section applies to an energy utility that petitions the commission for approval of an EGR plan.

(b) An energy utility may file a petition with the commission for approval of an EGR plan to acquire generation resources to meet the extraordinary needs for electricity by the energy utility's customers.

(c) In a petition under this section, an energy utility must do the following:

(1) Describe the energy utility's EGR plan for acquiring generation resources to meet the anticipated extraordinary growth in the load of its customers.

(2) Demonstrate a need for generation capacity that exceeds the lesser of:

(A) five percent (5%) of the energy utility's average peak demand over the most recent three (3) calendar years; or

(B) one hundred fifty (150) megawatts.

(3) Provide a load growth forecast for a minimum of five (5) years from the date of the petition.

(4) Describe the status of customer contracts and commitments that support the load growth forecast described in subdivision (3).

(5) Explain how the EGR plan is consistent with or differs from the energy utility's most recent integrated resource plan.

(6) Propose the accounting authority needed from the commission to support the EGR plan.

(7) Propose the manner in which the capital costs and operating and maintenance expenses related to the EGR plan will be included in the energy utility's revenue requirement.

(8) Identify the type and amount of capacity and energy:

(A) that is included in the EGR plan;

(B) that does not exceed seventy-five percent (75%) of the energy utility's peak capacity over the forecast period described in subdivision (3); and

(C) with respect to which the energy utility may request expedited approval in a subsequent generation resource submittal.

(9) Identify the criteria to be included in a generation resource submittal that must be met for the acquisition to be approved by the commission.

(10) Certify that at least thirty (30) days before the filing of the petition the energy utility held a pre-filing meeting with the commission and the office of utility consumer counselor to review the EGR plan.

(11) Describe how the energy utility considered implementing grid enhancing technologies to defer or minimize the need for additional investment in generation.

(12) Describe how the EGR plan will support the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:

(A) reliability;

(B) affordability;

(C) resiliency;

(D) stability; and

(E) environmental sustainability.

(13) Describe how the EGR plan reasonably protects existing and future customers and is consistent with:

(A) the provision of safe, reliable, and affordable electric utility service; and

(B) economical rates.

(14) Include:

(A) verified testimony; and

(B) exhibits;

supporting the petition and constituting the energy utility's case in chief.

(15) Include a proposed order for the petition.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-14-11-12 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-12-b
Grant application; requirements
Status: in_force

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027.

Sec. 12. (a) The executive of a county may apply to the department for a grant from the fund to be used to pay up to eighty percent (80%) of the cost of construction or reconstruction of one (1) or more local bridges. At the time of the application, the county executive shall notify the department of local government finance that the county has made the application.

(b) The application must include the following:

(1) A description of the construction or reconstruction projects for which the grant application is made.

(2) The estimated cost of the projects.

(3) The amount of funding the county will provide for the projects, which must be at least twenty percent (20%) of the estimated cost of the projects. This amount may include the value of labor and materials to be provided by the county.

(4) Any other information that the department considers necessary.

As added by P.L.117-1989, SEC.1. Amended by P.L.90-2002, SEC.320; P.L.152-2026, SEC.81.
Ind. Code § 8-15.7-16-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 16 / Section 8-15.7-16-3
"Committee"
Status: in_force

Sec. 3. As used in this chapter, "committee" refers to any of the following:

(1) A candidate's committee.

(2) A regular party committee.

(3) A committee organized by a legislative caucus of the house of representatives of the general assembly.

(4) A committee organized by a legislative caucus of the senate of the general assembly.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-15.7-10-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 10 / Section 8-15.7-10-1
Dedication of public property for qualifying project
Status: in_force

Sec. 1. (a) A public entity may dedicate any property interest that it has for public use as a qualifying project if the public entity finds that dedication of the property interest will serve the public purpose of this article. In connection with the dedication, a public entity may convey any property interest that the public entity has to the operator, subject to the:

(1) conditions imposed by general law governing conveyances; and

(2) provisions of this article;

for the consideration that the public entity considers appropriate.

(b) Consideration for a transfer under this section may include an agreement with the operator to develop, finance, or operate the qualifying project. The property interests that the public entity may convey to the operator in connection with a dedication under this section may include licenses, franchises, easements, or any other right or interest that the public entity considers appropriate.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-14-15.2-9 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-9
Duties of the trustee; investment of money in the trust
Status: in_force

Sec. 9. (a) The trustee shall:

(1) administer and manage the trust;

(2) invest the money in the trust; and

(3) deposit in the trust any interest that accrues from the investment of these funds.

(b) Notwithstanding IC 5-13, the trustee shall invest the money in the trust not currently needed to meet the obligations of the trust in the same manner as money is invested by the Indiana public retirement system under IC 5-10.3-5. However, the trustee may not invest the money in the trust in equity securities. The trustee shall also comply with the prudent investor rule set forth in IC 30-4-3.5. The trustee may contract with investment management professionals, investment advisors, and legal counsel to assist in the investment of the trust and may pay the state expenses incurred under those contracts from the trust.

(c) IC 4-9.1-1-8 and IC 4-9.1-1-9 do not apply to a trust established under this chapter.

(d) Money in the trust fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-1-13-9 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-9
Conditions of membership; restrictions to providing services
Status: in_force

Sec. 9. (a) The corporate purpose of each corporation formed under this chapter shall be to render services to or for the benefit of its members.

(b) A person may not become or remain a member of any local district corporation (as defined in section 23 of this chapter) unless such person shall use energy or services supplied by such corporation and shall have complied with the terms and conditions of membership contained in the bylaws of such corporation.

(c) Notwithstanding IC 8-1-2.7, a corporation or any subsidiary or affiliate thereof may not begin water or wastewater service in any area unless both of the following apply:

(1) The corporation has filed a petition with the commission seeking authority to begin water or wastewater service.

(2) The commission has found after a hearing that public convenience and necessity require the proposed service.

In connection with the petition, the commission may adopt conditions and restrictions on the area and consumers to be served that the commission finds consistent with the public interest. The commission may revoke, modify, or amend a finding of public convenience and necessity upon a showing of good cause after a hearing.

Formerly: Acts 1935, c.175, s.9; Acts 1937, c.258, s.6. As amended by P.L.59-1984, SEC.66; P.L.109-1995, SEC.2; P.L.81-1998, SEC.2; P.L.171-2017, SEC.3.
Ind. Code § 8-2-15-6 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-6
Temporary permit to operate during high water
Status: in_force

Sec. 6. Nothing in this chapter shall be so construed as to prevent any person from ferrying passengers across a small stream in high water; and the board may authorize the auditor to give any person a permit for such purpose, when, in its opinion, the stream is too small to justify the expense of a license. When any person applies for a renewal of the person's license at the same place where the person kept and maintained a ferry during the preceding year, upon payment of the license fee and filing of a new recognizance, executed and conditioned as above provided, the license may be granted or renewed without notice or formal application in writing.

Formerly: Acts 1881(ss), c.52, s.6. As amended by P.L.136-2018, SEC.78.
Ind. Code § 8-1-11.1-9 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-9
Disposition of bond revenues
Status: in_force

Sec. 9. All proceeds from the sale of bonds described under section 8 of this chapter shall be kept as a separate and specific fund to pay the cost of the acquisition of any utility property which the city shall have the right to and shall determine to acquire or the payment of obligations of any utility subject to which its property is purchased, or the cost of making necessary betterments, improvements, extensions, or additions to any utility property owned by the city, and no part of the proceeds shall be used for any other purpose. Proceeds shall be deposited at interest with the depository or depositories of other public funds of the city, and all interest collected belongs to the fund. Any surplus of funds remaining out of the proceeds of a bond after all costs and expenses are fully paid shall be paid into and become a part of the utility district bond fund.

[Pre-Local Government Recodification Citation: 19-3-24-9.]

As added by Acts 1981, P.L.11, SEC.43. Amended by P.L.136-2018, SEC.63.
Ind. Code § 8-1-2.5-7 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-7
Termination of plan; exercise of jurisdiction over energy utility
Status: in_force

Sec. 7. The commission may:

(1) on its own motion;

(2) at the request of the utility consumer counselor;

(3) at the request of the affected energy utility; or

(4) at the request of any class satisfying the standing requirements of IC 8-1-2-54;

enter an order notifying an energy utility subject to an alternative regulatory plan or over which jurisdiction was either limited or not exercised under this chapter that the commission will proceed to terminate the plan, or any part thereof, or exercise jurisdiction over the energy utility or its retail energy service to the extent the public interest requires, unless a formal request for a hearing is filed by the energy utility with the commission not more than fifteen (15) days after the date of the order. In the event that such a formal request is timely filed, the commission shall hold a hearing concerning such matters and issue its order thereon based upon the evidence introduced at the hearing. However, if the commission has declined jurisdiction in whole or in part or approved an alternative regulatory plan under this chapter for a fixed term of years, such jurisdiction may be reimposed or the plan, or any part of the plan, may be terminated before expiration of the term only if material and irreparable harm to the energy utility, the energy utility's customers, the state, or the safety of the energy utility's workforce has been established.

As added by P.L.108-1995, SEC.3.
Ind. Code § 8-16-15.5-9 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-9
Repealed
Status: repealed

As added by P.L.185-2018, SEC.27. Repealed by P.L.163-2020, SEC.2.
Ind. Code § 8-9-1-2 — Indiana Code / Title 8 / Article 9 / Chapter 1 / Section 8-9-1-2
Repealed
Status: repealed

Formerly: Acts 1907, c.272, s.2. As amended by Acts 1913, c.296, s.2. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-23-8-7 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-7
Local service roads; access roads to service facilities
Status: in_force

Sec. 7. (a) The department, a county, or a municipality may plan, designate, establish, use, regulate, alter, improve, maintain, and vacate local service roads and streets, or designate as local service roads and streets existing roads or streets, and exercise jurisdiction over service roads under this chapter if the department, county, or municipality determines the service roads or streets are necessary or desirable. The local service roads or streets must be:

(1) of appropriate design; and

(2) separated from the limited access facility by all devices designated necessary or desirable by the proper authority.

(b) The department, to permit the establishment of adequate fuel or other service facilities by private owners or lessees for the users of a limited access facility, shall provide for access roads within the state's right-of-way of a limited access facility at points that will best serve the public interest.

As added by P.L.18-1990, SEC.217.
Ind. Code § 8-3-7-1 — Indiana Code / Title 8 / Article 3 / Chapter 7 / Section 8-3-7-1
Time for cutting
Status: in_force

Sec. 1. All railroad corporations doing business in this state shall, between July 1 and August 20 in each year, destroy detrimental plants (as defined in IC 15-16-8-1), noxious weeds, and rank vegetation growing on lands occupied by them.

Formerly: Acts 1889, c.82, s.1. As amended by P.L.191-1987, SEC.9; P.L.2-2008, SEC.25.
Ind. Code § 8-8-1-12 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-12
Bridges and other structures; lateral clearance
Status: in_force

Sec. 12. (a) It is unlawful for a railroad carrier in this state engaged in operating a line of standard gauge railroad, or a person or persons, association, municipal, or private corporation, to build or maintain a structure or alter or rebuild a structure or railway bridge along the line of the railroad in Indiana, in which that part of the structure or bridge nearest to the track is less than seven (7) feet from the center of the track, without first obtaining permission of the Indiana department of transportation so to do.

(b) No new structure or new railway bridge shall be built in which that part of the structure or bridge nearest to the track is less than eight (8) feet from the center of the track without first obtaining permission from the Indiana department of transportation. However:

(1) the clearance referred to in this section does not apply to signal fixtures governing train operations within interlocking limits; and

(2) the term "structures" as used in this section does not include parallel or adjacent tracks, railroad crossings, crossovers, turn-outs, or switches.

Formerly: Acts 1907, c.118, s.12; Acts 1911, c.169, s.2; Acts 1949, c.45, s.1. As amended by P.L.62-1984, SEC.111; P.L.384-1987(ss), SEC.74; P.L.18-1990, SEC.84.
Ind. Code § 8-14-11-13 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-13
Grant application financial report
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 13. Within thirty (30) days after a county applies for a grant under section 12 of this chapter, the department of local government finance shall submit to the department a financial report that includes the following information:

(1) The amount of money available to the county for the construction and reconstruction of local bridges.

(2) Any other information required by the board or the department for the processing of grant applications.

As added by P.L.117-1989, SEC.1. Amended by P.L.90-2002, SEC.321.
Ind. Code § 8-6-14-3 — Indiana Code / Title 8 / Article 6 / Chapter 14 / Section 8-6-14-3
Killing or injuring livestock
Status: in_force

Sec. 3. If animals are killed or injured on the track of such railroad by the cars or locomotives thereof, the company owning or operating such railroad, shall not be liable to pay damages therefor if such animal entered upon the track of such railroad through such gates, unless it shall be proved that such killing or injury was caused by the negligence of the servants of the company owning or operating such railroad.

Formerly: Acts 1885(ss), c.44, s.3.
Ind. Code § 8-23-2-6 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-6
Department powers; contracts and lease with the Indiana finance authority; confidential documents
Status: in_force

Sec. 6. (a) The department, through the commissioner or the commissioner's designee, may do the following:

(1) Subject to section 6.5 of this chapter, acquire by purchase, gift, or condemnation, sell, abandon, own in fee or a lesser interest, hold, or lease property in the name of the state, or otherwise dispose of or encumber property to carry out its responsibilities.

(2) Contract with persons outside the department to do those things that in the commissioner's opinion cannot be adequately or efficiently performed by the department.

(3) Enter into:

(A) a contract with the Indiana finance authority under IC 8-9.5-8-7; or

(B) a lease with the Indiana finance authority under IC 8-9.5-8-8;

for the construction, reconstruction, improvement, maintenance, repair, or operation of toll road projects under IC 8-15-2 and toll bridges under IC 8-16-1.

(4) Enter into a contract with a contractor, operator, or design builder or construction manager as constructor for, or with any adviser, consultant, attorney, accountant, engineer, architect, or other person or entity in connection with, the construction, reconstruction, improvement, maintenance, repair, or operation of a railroad project, as defined in IC 8-5-15-1, in accordance with an authorization provided to the department by the board of trustees of a commuter transportation district under IC 8-5-15-5(a)(21).

(5) Sue and be sued, including, with the approval of the attorney general, the compromise of any claims of the department.

(6) Hire attorneys.

(7) Perform all functions pertaining to the acquisition of property for transportation purposes, including the compromise of any claims for compensation.

(8) Hold investigations and hearings concerning matters covered by orders and rules of the department.

(9) Execute all documents and instruments necessary to carry out its responsibilities.

(10) Make contracts and expenditures, perform acts, enter into agreements, and make rules, orders, and findings that are necessary to comply with all laws, rules, orders, findings, interpretations, and regulations promulgated by the federal government in order to:

(A) qualify the department for; and

(B) receive;

federal government funding on a full or participating basis.

(11) Adopt rules under IC 4-22-2 to carry out its responsibilities.

(12) Establish regional offices.

(13) Adopt a seal.

(14) Perform all actions necessary to carry out the department's responsibilities.

(15) Order a utility to relocate the utility's facilities and coordinate the relocation of customer service facilities if:

(A) the facilities are located in a highway, street, or road; and

(B) the department determines that the facilities will interfere with a planned highway or bridge construction or improvement project funded by the department.

(16) Reimburse a utility:

(A) in whole or in part for extraordinary costs of relocation of facilities;

(B) in whole for unnecessary relocations;

(C) in accordance with IC 8-23-26-12 and IC 8-23-26-13;

(D) in whole for relocations covered by IC 8-1-9; and

(E) to the extent that a relocation is a taking of property without just compensation.

(17) Provide state matching funds and undertake any surface transportation project eligible for funding under federal law. However, money from the state highway fund and the state highway road construction and improvement fund may not be used to provide operating subsidies to support a public transportation system or a commuter transportation system.

(18) Upon request, evaluate, negotiate, and enter into:

(A) a supplemental funding agreement with a regional development authority under IC 36-9-43; or

(B) an interlocal agreement with a regional development authority for purposes of IC 36-9-43.

(b) In the performance of contracts and leases with the Indiana finance authority, the department has authority under IC 8-15-2, in the case of toll road projects and IC 8-16-1, in the case of toll bridges necessary to carry out the terms and conditions of those contracts and leases.

(c) The department shall:

(1) classify as confidential any estimate of cost prepared in conjunction with analyzing competitive bids for projects until a bid below the estimate of cost is read at the bid opening;

(2) classify as confidential that part of the parcel files that contain appraisal and relocation documents prepared by the department's land acquisition division; and

(3) classify as confidential records that are the product of systems designed to detect collusion in state procurement and contracting that, if made public, could impede detection of collusive behavior in securing state contracts.

This subsection does not apply to parcel files of public agencies or affect IC 8-23-7-10.

(d) In the case of a regional development authority that undertakes a regional transportation infrastructure project under IC 36-9-43, the department shall cooperate with the regional development authority.

As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990, SEC.208; P.L.2-1991, SEC.63; P.L.63-1992, SEC.3; P.L.39-1993, SEC.3; P.L.109-1993, SEC.1; P.L.235-2005, SEC.123; P.L.135-2013, SEC.1; P.L.229-2017, SEC.33; P.L.108-2019, SEC.157; P.L.121-2021, SEC.6; P.L.93-2024, SEC.85.
Ind. Code § 8-1-2.8-21 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-21
Duties of InTRAC
Status: in_force

Sec. 21. The InTRAC shall do the following:

(1) Establish, implement, and administer, in whole or in part, a statewide dual party relay service system. Any contract for the supply or operation of a dual party relay service system or for the supply of telecommunications devices shall be provided through a competitively selected vendor.

(2) Determine the terms and manner in which each LEC shall pay to the InTRAC the surcharge required under this chapter.

(3) Annually review the costs it incurred during prior periods, make reasonable projections of anticipated funding requirements for future periods, and file a report of the results of the review and projections with the commission by May 1 of each year.

(4) Annually employ an independent accounting firm to prepare audited financial statements for the end of each fiscal year of the InTRAC to consist of:

(A) a balance sheet;

(B) a statement of income; and

(C) a statement of cash flow;

and file a copy of these financial statements with the commission before May 2 of each year.

(5) Enter into contracts with any LEC to provide dual party relay services for the LEC, upon request by the LEC. However, the InTRAC:

(A) shall require reasonable compensation from the LEC for the provision of these services;

(B) is not required to contract with its members; and

(C) shall provide dual party relay services to InTRAC members for communications service originating with the members' Indiana customers for no consideration other than the payment to the InTRAC of the surcharges collected by the member under this chapter.

(6) Send to each of its members and file with the governor and the general assembly before May 2 of each year an annual report that contains the following:

(A) A description of the InTRAC's activities for the previous fiscal year.

(B) A description and evaluation of the dual party relay services that the InTRAC provides.

(C) A report of the volume of services the InTRAC provided during the previous fiscal year.

(D) A copy of the financial statements that subdivision (4) requires.

A report filed under this subdivision with the general assembly must be in an electronic format under IC 5-14-6.

As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.6; P.L.28-2004, SEC.72; P.L.27-2006, SEC.33.
Ind. Code § 8-17-1-42 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-42
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.42. As amended by P.L.66-1984, SEC.95; P.L.86-1988, SEC.104. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-26-3 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-3
"Association"
Status: in_force

Sec. 3. As used in this chapter, "association" means an organization that is:

(1) formed in Indiana to provide for mutual receipt of notice of excavation or demolition for the organization's members;

(2) known as the Indiana Underground Plant Protection Service (or its successor organization); and

(3) accessed by dialing the abbreviated dialing code 811, as designated by the Federal Communications Commission as the nationwide toll free number to be used by state One Call systems.

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.5.
Ind. Code § 8-20-1-33 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-33
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.43. As amended by Acts 1978, P.L.2, SEC.857; P.L.86-1988, SEC.185. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-8.2-10 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-10
Construction of electric generation facility on energy production zone; exemption from permitting requirements or zoning approval; notice to local authority; required information; public hearing; notice of change
Status: in_force

Sec. 10. (a) A project owner is not required to obtain a permit, or any other land use or zoning approval, from a local authority for the construction of an electric generation facility if:

(1) the commission:

(A) grants the project owner a certificate under IC 8-1-8.5-2 for the construction; or

(B) declines jurisdiction over the construction under IC 8-1-2.5-5;

(2) the electric generating facility will be located on a premise of land that is an energy production zone; and

(3) the project owner complies with subsections (b) and (c).

(b) Not later than two hundred seventy (270) days before beginning construction to which subsection (a) applies, a project owner shall provide notice of the construction to the local authority with planning authority under IC 36-7 for the premise of land on which the construction will occur. The notice must include the following information with regard to the construction and the electric generation facility to be constructed:

(1) A comprehensive description of the electric generation facility, including the following:

(A) The planned generation capacity of the electric generation facility, expressed in megawatts.

(B) The energy source or technology that will be used by the electric generation facility to generate electricity.

(C) The expected operational lifespan of the electric generation facility.

(2) The expected date on which the construction will begin.

(3) The expected date on which the electric generation facility will begin operation.

(4) Whether the electric generation facility will provide retail electric service, wholesale electric service, or both.

(5) The project owner's plan for eventual decommissioning of the electric generation facility.

(6) If construction of the electric generation facility will entail decommissioning an existing electric generation facility that is located on the premise of land on which the electric generation facility will be located, the project owner's plan for decommissioning the existing electric generation facility, including financial assurances for the decommissioning.

(7) A detailed site plan that includes the location of the following within or adjacent to the premise of land on which the electric generation facility will be constructed:

(A) The structures associated with the electric generation facility.

(B) The:

(i) existing electric generation facility, and any structures associated with the existing electric generation facility; or

(ii) surface or underground mine, and any structures associated with the surface or underground mine;

located on the premise of land on which the electric generation facility will be located.

(C) Existing and proposed access roads.

(D) Regulated drains or ditches.

(E) Flood plains.

(F) Wetlands.

(G) Historic sites or other areas of cultural or environmental significance.

(8) An economic development plan detailing the expected economic effect of the electric generation facility on the unit within which the electric generation facility will be located, including the following:

(A) The anticipated number and types of jobs to be created:

(i) during the construction of the electric generation facility; and

(ii) in the operation of the electric generation facility.

(B) The estimated property tax revenue the electric generation facility will produce for the unit.

(C) An estimate of the overall:

(i) cost to the unit; and

(ii) effect on the unit's revenue;

associated with the electric generation facility.

(9) A safety, security, and emergency response plan describing measures to ensure:

(A) site security and safety;

(B) coordination with the unit's services; and

(C) safeguarding of the public;

with regard to the construction and operation of the electric generation facility.

(c) Not later than sixty (60) days after a project owner's provision of the notice under subsection (b), the project owner shall hold a public hearing in the unit in which the electric generation facility will be located, during which the project owner shall:

(1) provide information to the public; and

(2) receive public comment;

regarding the electric generation facility and the construction of the electric generation facility. The project owner shall publish notice of the date, time, location, and subject of the public hearing in accordance with IC 5-3-1-2(b).

(d) After providing notice to a local authority under subsection (b), a project owner shall notify the local authority regarding any substantive changes in the information provided by the project owner under subsection (b) that occur before construction begins on the electric generation facility to which the notice pertains.

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-1-39-7.8 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-7.8
"TDSIC plan"
Status: in_force

Sec. 7.8. As used in this chapter, "TDSIC plan", or plan, means a public utility's plan for eligible transmission, distribution, and storage system improvements over the course of a period of:

(1) at least five (5) years; and

(2) not more than seven (7) years.

As added by P.L.89-2019, SEC.2.
Ind. Code § 8-2-3-1 — Indiana Code / Title 8 / Article 2 / Chapter 3 / Section 8-2-3-1
Fraudulent bills of lading; offense
Status: in_force

Sec. 1. A person who, with intent to defraud:

(1) falsely makes, alters, forges, counterfeits, prints, or photographs any bill of lading purporting to represent goods received for shipment intrastate in Indiana;

(2) utters or publishes as true and genuine any such falsely made, altered, forged, counterfeited, printed, or photographed bill of lading; or

(3) issues, negotiates, or transfers for value a bill which contains a false statement as to the receipt of the goods, or as to any other matter;

commits a Level 6 felony.

Formerly: Acts 1943, c.53, s.41. As amended by Acts 1978, P.L.2, SEC.810; P.L.158-2013, SEC.132.
Ind. Code § 8-20-1-68 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-68
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.77. As amended by P.L.66-1984, SEC.132. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1.5-1-3 — Indiana Code / Title 8 / Article 1.5 / Chapter 1 / Section 8-1.5-1-3
"Commission"
Status: in_force

Sec. 3. "Commission" refers to the utility regulatory commission.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.23-1988, SEC.61.
Ind. Code § 8-6-7.7-3.5 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-3.5
Notice of public hearing regarding a proposed public railroad crossing closure
Status: in_force

Sec. 3.5. The unit (as defined in IC 36-1-2-23) under whose jurisdiction a public railroad crossing lies must provide notice of the public hearing regarding the proposed closure as follows:

(1) By publication in two (2) newspapers of general circulation in the unit, published not less than thirty (30) days prior to the public hearing.

(2) By certified mail to those property owners who would be considered interested parties under the unit's rules for providing notice under IC 36-7-4, postmarked not less than thirty (30) days prior to the public hearing.

As added by P.L.49-2024, SEC.4.
Ind. Code § 8-1.5-3-2 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-2
"Board" defined
Status: in_force

Sec. 2. As used in this chapter, "board" refers to the board operating a municipally owned utility as determined under section 3 of this chapter.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-4-1-15 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-15
Eminent domain; right to acquire title
Status: in_force

Sec. 15. If a rail carrier authorized under this chapter to exercise the power of eminent domain is unable to agree for the purchase of any real estate, in any county, required for the construction of the track, turn-outs and water stations, upon a demonstration of public use, it shall have the right to acquire the title to the same in the manner and by the special proceedings prescribed in this chapter.

Formerly: Acts 1852, 1RS, c.83, s.14. As amended by P.L.62-1984, SEC.39; P.L.146-2017, SEC.6.
Ind. Code § 8-1-46-20 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-20
Requirement to submit petition for change in electricity supplier's basic rates and charges through multi-year rate plan; filing schedule and requirements; timing
Status: in_force

Sec. 20. (a) Except as otherwise provided in subsections (b) and (c), and subject to the schedule set forth in this section, an electricity supplier must petition the commission for approval of any change in its basic rates and charges through the submission of a multi-year rate plan in accordance with this chapter. An electricity supplier shall file its first petition with the commission for approval of a multi-year rate plan under this chapter according to the following schedule:

(1) After November 15, 2026, and before December 15, 2026, for the electricity supplier with the greatest number of Indiana customers.

(2) After June 30, 2027, and before August 1, 2027, for an electricity supplier with respect to which the commission has issued an order that:

(A) establishes basic rates and charges for the electricity supplier as part of a base rate case; and

(B) is issued after April 30, 2024, and before February 1, 2025.

(3) After December 31, 2027, and before February 1, 2028, for an electricity supplier with respect to which the commission has issued an order that:

(A) establishes basic rates and charges for the electricity supplier as part of a base rate case; and

(B) is issued after February 1, 2025, and before April 1, 2025.

(4) After June 30, 2028, and before August 1, 2028, for an electricity supplier with respect to which the commission has issued an order that:

(A) establishes basic rates and charges for the electricity supplier as part of a base rate case; and

(B) is issued after June 1, 2025, and before July 1, 2025.

(5) After December 31, 2028, and before February 1, 2029, for an electricity supplier with respect to which the commission has issued an order that:

(A) establishes basic rates and charges for the electricity supplier as part of a base rate case that is not part of a multi-year rate plan under this chapter; and

(B) is issued after January 1, 2026.

(b) An electricity supplier may file its first petition with the commission for approval of a multi-year rate plan under this chapter before the beginning of the time frame that would otherwise apply to the electricity supplier under subsection (a) if the petition:

(1) requests approval of a reduction in the electricity supplier's overall revenue requirement for the first rate year of the multi-year rate plan;

(2) meets all requirements for a multi-year rate plan under this chapter; and

(3) is filed with the commission not later than September 1, 2026.

(c) An electricity supplier may petition the commission for relief for changes to the electricity supplier's basic rates and charges:

(1) after March 14, 2026; and

(2) before the beginning of the electricity supplier's applicable time frame for filing the electricity supplier's first petition for approval of multi-year rate plan under subsection (a).

However, the filing of a petition for relief under this subsection does not exempt an electricity supplier from filing its first petition for a multi-year rate plan under this chapter in accordance with the schedule set forth in subsection (a).

(d) An electricity supplier shall file its second petition and all subsequent petitions with the commission for approval of a multi-year rate plan under this chapter:

(1) not earlier than sixty (60) days before; and

(2) not later than thirty (30) days before;

the expiration of its then current multi-year rate plan.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-4-1-23 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-23
Public lands; acquisition; location upon grounds of state institutions
Status: in_force

Sec. 23. If any corporation shall, for its purposes aforesaid, require any land belonging to the state or to any county or town, the general assembly and the county and town officers respectively having charge of such lands may grant such lands to such corporation upon such terms as shall be agreed upon; and if they shall not so agree, the same may be taken by the corporation in the same manner as provided in other cases. No railroad shall be located upon or across the grounds of the state occupied by the institutions for individuals who are:

(1) insane;

(2) blind; or

(3) deaf and without speech.

Formerly: Acts 1852, 1RS, c.83, s.23. As amended by P.L.99-2007, SEC.32.
Ind. Code § 8-16-2-10 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-10
Dedication of bridges
Status: in_force

Sec. 10. Any and every bridge which may be constructed under the provisions of this chapter shall be and hereby is dedicated as an instrument of interstate commerce for the equal use of all citizens of the United States and of any other persons who may be entitled to the use thereof.

Formerly: Acts 1927, c.10, s.10. As amended by P.L.66-1984, SEC.61.
Ind. Code § 8-1-32.6-3 — Indiana Code / Title 8 / Article 1 / Chapter 32.6 / Section 8-1-32.6-3
"Communications service provider"
Status: in_force

Sec. 3. As used in this chapter, "communications service provider" means a person or an entity, or an affiliate (as defined in IC 8-1-34-1) of a person or an entity, that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. The term includes a provider of commercial mobile service (as defined in 47 U.S.C. 332).

As added by P.L.27-2006, SEC.56.
Ind. Code § 8-1-2-15 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-15
Books, accounts, papers, or records; removal from state; directors; residence
Status: in_force

Sec. 15. Each public utility shall have an office in one (1) of the towns or cities in this state in which its property or some part thereof is located, and shall keep in said office all books, accounts, papers, and records as shall be required by the commission to be kept within the state. No books, accounts, papers, or records required by the commission to be kept within the state shall be at any time removed from this state, except upon such conditions as may be prescribed by the commission. A majority in number of the board of directors of each and every company or association organized under Indiana statutes and coming under the provisions of this chapter shall be bona fide residents and citizens of the state of Indiana while acting as such directors.

Formerly: Acts 1913, c.76, s.18; Acts 1915, c.110, s.1. As amended by P.L.59-1984, SEC.15.
Ind. Code § 8-1-31-4 — Indiana Code / Title 8 / Article 1 / Chapter 31 / Section 8-1-31-4
Repealed
Status: repealed

As added by P.L.94-2000, SEC.1. Repealed by P.L.209-2014, SEC.5.
Ind. Code § 8-1-34-11 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-11
"Provider"
Status: in_force

Sec. 11. As used in this chapter, "provider" refers to a multichannel video programming distributor (as defined in 47 U.S.C. 522(13)).

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-1-2-94.1 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-94.1
Repealed
Status: repealed

[Pre-Local Government Recodification Citation: 19-8-5-4 part.]

As added by Acts 1980, P.L.8, SEC.67. Repealed by Acts 1982, P.L.74, SEC.6.
Ind. Code § 8-23-10-4 — Indiana Code / Title 8 / Article 23 / Chapter 10 / Section 8-23-10-4
Subcontractors; qualification
Status: in_force

Sec. 4. It is unlawful for a successful bidder to enter into a subcontract with any other person involving the performance of any part of any work upon which the bidder may be engaged for the department in an amount in excess of three hundred thousand dollars ($300,000) unless the subcontractor has been properly qualified under the terms of this chapter for the work sublet to the subcontractor. However, the department may reduce this amount based on the subcontractor's performance with the department and others. The prequalification requirements of this section do not apply to the following:

(1) Professional services.

(2) Hauling materials or supplies to or from a job site.

As added by P.L.18-1990, SEC.219. Amended by P.L.92-2004, SEC.1.
Ind. Code § 8-2-16-2 — Indiana Code / Title 8 / Article 2 / Chapter 16 / Section 8-2-16-2
"Interstate bridge" defined
Status: in_force

Sec. 2. For the purposes of this chapter the term "interstate bridge," means any bridge across a navigable stream one terminus of which is located in the state of Indiana and the other terminus which is located in a neighboring state other than the state of Illinois.

Formerly: Acts 1961, c.334, s.2. As amended by Acts 1978, P.L.56, SEC.2.
Ind. Code § 8-3-22-2 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-2
"Commission" defined
Status: in_force

Sec. 2. As used in this chapter, "commission" means the Midwest interstate passenger rail compact commission established in section 3 of this chapter.

As added by P.L.131-2000, SEC.1.
Ind. Code § 8-23-4-5 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-5
Changes in highway and street systems
Status: in_force

Sec. 5. A highway or street system established under this chapter may not be changed for two (2) years following establishment of the system. A system established under this chapter shall be reviewed at five (5) year intervals, or more frequently if considered desirable, and adjustments found necessary or desirable as a result of a change in conditions may be made.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-10-5-18 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-18
Bond of secretary; depositories; disbursement of funds
Status: in_force

Sec. 18. Before receiving any moneys, the secretary of a port authority shall furnish bond in such amount as shall be determined by the port authority, with sureties satisfactory to it, and all funds coming into the hands of said secretary shall be deposited by him to the account of the port authority in one (1) or more depositories as shall be qualified to receive deposits of funds, in the same manner as is done by the city or county creating such port authority, which deposits shall be secured in the same manner as such city or county funds are required to be secured. No disbursements shall be made from such funds except in accordance with rules and regulations adopted by the port authority.

Formerly: Acts 1959, c.343, s.17; Acts 1965, c.390, s.3.
Ind. Code § 8-6-15-3 — Indiana Code / Title 8 / Article 6 / Chapter 15 / Section 8-6-15-3
Marking of designated crossings
Status: in_force

Sec. 3. An abandoned or unused railroad grade crossing designated under section 2 of this chapter must be marked with signs reading "tracks out of service". The signs must:

(1) be posted and maintained by the department or the local road authority having jurisdiction over the roadway; and

(2) be in conformance with the Indiana Manual on Uniform Traffic Control Devices for Streets and Highways as adopted under IC 9-21-2-1.

As added by P.L.87-2003, SEC.1.
Ind. Code § 8-23-20-25.7 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-25.7
Rules
Status: in_force

Sec. 25.7. The department may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.97-2022, SEC.2. Amended by P.L.93-2024, SEC.89.
Ind. Code § 8-15.7-3-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 3 / Section 8-15.7-3-3
Acquisition of property interests for qualifying project
Status: in_force

Sec. 3. The operator may own, lease, or acquire any property interest or other right to develop, finance, or operate the qualifying project.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-21-10-3 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-3
Permit requirements
Status: in_force

Sec. 3. (a) Unless a permit has been issued by the department, a person may not erect, alter, or add to the height of any structure which falls within any one (1) of the following categories:

(1) Any construction or alteration of more than two hundred (200) feet above ground level at its site.

(2) Any construction or alteration of greater height than an imaginary surface extending outward and upward at one (1) of the following slopes:

(A) One hundred (100) to one (1) for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway of any public-use airport with at least one (1) runway more than three thousand two hundred (3,200) feet in actual length, excluding heliports.

(B) Fifty (50) to one (1) for a horizontal distance of ten thousand (10,000) feet from the nearest point of the nearest runway of any public-use airport with its longest runway no more than three thousand two hundred (3,200) feet in actual length, excluding heliports.

(C) Twenty-five (25) to one (1) for a horizontal distance of five thousand (5,000) feet from the nearest point of the nearest landing and takeoff area of any public-use heliport.

(3) Any construction or alteration of traverse ways used, or to be used, for the passage of mobile objects if the standards set forth under subdivisions (1) and (2) would be exceeded, but only after the heights of these traverse ways are increased by:

(A) Seventeen (17) feet for an interstate highway where overcrossings are designed for a minimum of seventeen (17) feet vertical distance.

(B) Fifteen (15) feet for any other public roadway.

(C) Ten (10) feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road.

(D) Twenty-three (23) feet for a railroad.

(E) For a waterway or any other traversed way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.

(b) Unless:

(1) a permit for construction in a noise sensitive area has been approved by the department;

(2) the holder of a permit for construction in a noise sensitive area has filed a copy of the permit for construction in a noise sensitive area with the county recorder of the county in which the structure is located, as provided in subsection (d); and

(3) a certified copy of the recorded permit for construction in a noise sensitive area, with the recording data from the county recorder on the copy of the permit, has been received by the department;

a person may not erect a building used for a noise sensitive purpose within an area lying one thousand five hundred (1,500) feet on either side of the centerline and the extended centerline of a runway for a distance of one (1) nautical mile from the boundaries of any public use airport.

(c) A person applying for a permit under subsection (a) must provide notice, at the time of the filing of the application for a permit, to the owner of a public use airport located within a five (5) nautical mile radius surrounding the structure, regardless of county lines, if the structure that is the subject of the permit is:

(1) a new structure; or

(2) an existing structure to which additional height is added.

(d) A person applying for a permit for construction in a noise sensitive area under subsection (b) must provide notice, at the time of the filing of the application for a permit, to the owner of a public use airport if the public use airport is located within a distance of one (1) nautical mile from the boundary of the property that contains the building used for a noise sensitive purpose.

(e) Notice under subsections (c) and (d) must be sent by certified or registered mail, with return receipt requested, and must include the:

(1) name, telephone number, and a contact person for the:

(A) applicant;

(B) department; and

(C) plan commission that has jurisdiction over the site of the structure;

(2) location of the structure, including a legal description;

(3) height of the structure; and

(4) Federal Aviation Administration aeronautical study number assigned to the application, if applicable to the type of permit for which notice is required.

(f) The applicant for a permit under subsection (b) shall record each permit issued by the department in the office of the county recorder for the county where the structure is located, not later than five (5) business days after the department issues the permit. If a structure is located in more than one (1) county, the county that contains the majority of the structure is the county in which the permit must be filed.

(g) A permit issued under subsection (b) is valid only after the department receives a certified copy of the recorded permit with the recording data from the county recorder of the county in which the structure is located.

(h) A permit issued under subsection (b) must contain the following statement:

"The permittee acknowledges for itself, its heirs, its successors, and its assigns, that the real estate described in this permit experiences or may experience significant levels of aircraft operations, and that the permittee is erecting a building designed for noise sensitive use upon the real estate, with the full knowledge and acceptance of the aircraft operations as well as any effects resulting from the aircraft operations.".

(i) An applicant for a permit under subsection (a) must provide written evidence to the department that the structure being constructed does not violate section 7 of this chapter with regard to an existing public use airport, if a public use airport is located within a five (5) nautical mile radius surrounding the structure that is the subject of the permit.

(j) If:

(1) the applicant for a permit under subsection (a) submits with the application a Determination of No Hazard to Air Navigation issued by the Federal Aviation Administration to the applicant with regard to the proposed construction or alteration; and

(2) the department does not deny the permit;

the Determination of No Hazard to Air Navigation is a permit under this section, and a separate permit will not be issued by the department.

(k) The department shall not issue a permit under subsection (a) for construction or alteration of an energy facility that will result in a structure that is more than two hundred (200) feet above ground level at its site unless the applicant for the permit submits to the department documentation from the Military Aviation and Installation Assurance Siting Clearinghouse indicating:

(1) that a formal review of the construction or alteration under 32 CFR 211.6 resulted in a determination that the construction or alteration will not have an adverse impact on military operations and readiness; or

(2) that:

(A) a formal review of the construction or alteration under 32 CFR 211.6 resulted in a determination that the proposed project will have an adverse impact on military operations and readiness; and

(B) the applicant has:

(i) resolved any identified adverse impact to the satisfaction of the United States Department of Defense; or

(ii) entered into a mitigation agreement with the United States Department of Defense to mitigate the adverse impact.

As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.2; P.L.71-2020, SEC.2.
Ind. Code § 8-23-4-6 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-6
Highway and street system maps
Status: in_force

Sec. 6. The commissioner shall at all times maintain maps of Indiana, which must show all the highways that constitute the state highway system, the arterial and local highway systems of each county, and the arterial and local street systems of each municipality.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-1-22.6-12 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-12
Division to designate project coordinators; duties of coordinators
Status: in_force

Sec. 12. For each proposed or ongoing pipeline project in Indiana, the director of the division shall designate one (1) or more employees of the division to serve as project coordinators for the division. The director shall ensure that one (1) or more of the coordinators designated under this section are responsible for the following duties concerning the project:

(1) Monitoring all:

(A) filings with; and

(B) proceedings before;

the Federal Energy Regulatory Commission.

(2) Attending all public hearings or meetings concerning the project that are held in Indiana.

(3) Receiving and responding to questions and complaints about the project from Indiana residents.

(4) Updating the information required to be made available on the commission's website under section 13 of this chapter.

(5) Any other duties assigned by the director of the division.

As added by P.L.110-2007, SEC.1. Amended by P.L.1-2025, SEC.119.
Ind. Code § 8-20-1-70 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-70
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.80. As amended by P.L.86-1988, SEC.215. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-17.5-15 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-15
Requirements for membership
Status: in_force

Sec. 15. A person may not become or remain a member of a surviving corporation or successor corporation formed under this chapter unless the person:

(1) uses energy, communications, or other services supplied by the surviving corporation or successor corporation; and

(2) complies with the terms and conditions:

(A) concerning membership; and

(B) set forth in the bylaws or articles of incorporation of the surviving corporation or successor corporation.

As added by P.L.18-2010, SEC.1. Amended by P.L.49-2018, SEC.10.
Ind. Code § 8-1-26.5-5 — Indiana Code / Title 8 / Article 1 / Chapter 26.5 / Section 8-1-26.5-5
"Pipeline safety division"
Status: in_force

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

As added by P.L.93-2018, SEC.1.
Ind. Code § 8-1-22.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-3
Directors; personnel
Status: in_force

Sec. 3. The Division shall be administered by a Director who shall be employed by, and shall be responsible to, the Commission and, who shall meet the job and personnel requirements of the State Department of Administration. The Director shall, with the approval of the Commission, employ a staff of competent full-time employees with professional and technical qualifications and ability. The Director, with approval of the Commission, may engage the services of qualified consultants as he deems appropriate.

Formerly: Acts 1971, P.L.84, SEC.1.
Ind. Code § 8-1-2-87 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-87
Gas utilities; necessity certificates; requirements
Status: in_force

Sec. 87. (a) When used in this section, unless the context otherwise requires:

(1) The term "gas" means natural gas, artificial or manufactured gas, and mixed gas.

(2) The term "necessity certificate" means a certificate of public convenience and necessity issued by the commission pursuant to the provisions of this section, which certificate shall be deemed an indeterminate permit.

(3) The term "rural area" means territory within the state of Indiana that is outside the corporate limits of a municipality.

(4) The term "gas utility" means and includes any public utility selling or proposing to sell or furnish gas directly to any consumer or consumers within the state of Indiana for his, its or their domestic, commercial, or industrial use.

(5) The term "gas distribution service" means the furnishing or sale of gas directly to any consumer within the state of Indiana for his or its domestic, commercial, or industrial use.

(b) It is hereby declared that in order adequately to protect the public interest in the distribution of gas to consumers within the state of Indiana, it is necessary and desirable that to the extent provided in this section the holding of necessity certificates should be required as a condition precedent to the rendering of gas distribution service in rural areas of the state of Indiana.

(c) After February 26, 1945, no gas utility shall commence the rendering of gas distribution service in any rural area in the state of Indiana in which it is not actually rendering gas distribution service on February 26, 1945, without first obtaining from the commission a necessity certificate authorizing such gas distribution service, defining and limiting specifically the rural area covered thereby, and stating that public convenience and necessity require such gas distribution service within such rural area by such gas utility; and no gas utility required by this section to hold a necessity certificate for any rural area shall render gas distribution service within such a rural area to any extent greater than that authorized by such necessity certificate or shall continue to render gas distribution service within such a rural area if and after such necessity certificate has been revoked or transferred as in this section provided.

(d) Whenever any gas utility proposes to commence the rendering of gas distribution service in any rural area in which it is not actually rendering such service on February 26, 1945, it shall file with the commission a verified application for a necessity certificate covering such service by it. The commission shall, by regulations, prescribe the form of application and such application shall conform to such prescribed form. Within a reasonable time after the filing of any such application, the commission shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given in such manner and to such persons as is from time to time required by law or by the regulations of the commission. Such hearing shall be held in the manner prescribed for a hearing in sections 54 through 67 of this chapter, and the provisions of such sections so far as applicable shall apply to such hearing. Any person interested in such proceedings, including without limiting the generality of the foregoing any gas utility rendering gas distribution service within the general service area (including territory within and without municipalities) of which the rural area covered by the application may reasonably be deemed a part, shall be permitted to appear either in person or by attorney and offer evidence in support of or opposition to the application. The applicant shall, at all times, have the burden of proving by evidence each of the matters specified in this subsection as necessary to be found by the commission before a necessity certificate shall be issued by it. If the commission shall find from the evidence, including such evidence, if any, as the commission may cause to be introduced as a result of any investigation which it may have made relative to the matter, that the applicant therefor has lawful power and authority to obtain such necessity certificate and to render the proposed gas distribution service if it obtains such certificate, that he or it has the financial ability to provide the proposed gas distribution service, that public conveyance and necessity require the rendering of the proposed gas distribution service, and that the public interest will be served by the issuance of the necessity certificate to him or it, the application shall be granted, subject to such terms, restrictions, and limitations as the commission shall determine to be necessary and desirable in the public interest; otherwise the application shall be denied.

(e) Upon approval by the commission given after notice and public hearing given and held in the manner provided for in subsection (d) in cases of applications for necessity certificates, but not otherwise, any necessity certificate may:

(1) be sold, assigned, leased, or transferred by the holder thereof to any person, firm, or corporation to whom a necessity certificate might be lawfully issued; or

(2) be included in the property and rights encumbered under any indenture of mortgage or deed of trust of such holder.

(f) Any necessity certificate may, upon application by the holder to the commission, be revoked by the commission, in whole or in part, after notice given and hearing held in the manner provided for in subsection (d). Any necessity certificate may, after notice given and hearing held in the manner provided for in subsection (d), be revoked by the commission, in whole or in part, for the failure of the holder to comply with any applicable order, rule, or regulation prescribed by the commission in the exercise of its powers under this chapter, or with any term, condition, or limitation of such necessity certificate.

Formerly: Acts 1913, c.76, s.97a; Acts 1945, c.53, s.1. As amended by P.L.59-1984, SEC.39; P.L.8-1993, SEC.112.
Ind. Code § 8-1-8.2-9 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-9
"Wholesale electric service"
Status: in_force

Sec. 9. As used in this chapter, "wholesale electric service" means provision of electricity to another person for resale, including in wholesale markets.

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-15.7-8-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 8 / Section 8-15.7-8-2
Acts by authority or department concerning federal, state, or local assistance; contracts
Status: in_force

Sec. 2. The authority or the department may take any action authorized by this article to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this article and may enter into any contracts required to receive the assistance.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-34-22 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-22
Terminated local franchise; rights, duties, and obligations owed to private persons; right of action; "private person"
Status: in_force

Sec. 22. (a) A provider that elects to terminate a local franchise under section 21 of this chapter remains subject to the contractual rights, duties, and obligations incurred by the provider that are owed to any private person.

(b) All liens, security interests, royalties, and other contracts, rights, and interests owed to a private person, shall:

(1) continue in full force and effect without the need for renewal, extension, or continuance; and

(2) be paid or performed by the provider after becoming a holder of a certificate under this chapter.

(c) The commission shall condition the issuance or renewal of a certificate under this chapter on a provider's payment and performance of the rights, duties, and obligations described in this section. In applying for an initial certificate or a renewal certificate under this chapter, a provider shall agree to pay or perform the obligations described in this section, as required by section 16(b)(1)(D) of this chapter.

(d) A private person that claims to be:

(1) owed any rights, duties, or obligations by a holder under this section; and

(2) aggrieved by a holder's alleged violation of this section;

may bring an action in a court with jurisdiction to enforce the rights, duties, or obligations claimed to be owed to the person.

(e) As used in this section, "private person" does not include:

(1) the unit that issued the terminated local franchise;

(2) a political subdivision (as defined in IC 36-1-2-13) not described in subdivision (1); or

(3) any official, agent, or employee of:

(A) the unit that issued the terminated local franchise; or

(B) a political subdivision described in subdivision (2);

in the individual's official capacity.

As added by P.L.27-2006, SEC.58. Amended by P.L.183-2006, SEC.2.
Ind. Code § 8-15-3-11 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-11
Rules; use of tollways and streets
Status: in_force

Sec. 11. The department may establish rules for the use of tollways, public improvements, or arterial streets or roads.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-1-8.2-6 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-6
"Project owner"
Status: in_force

Sec. 6. As used in this chapter, "project owner" means a person that proposes to construct an electric generation facility.

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-20-1-69 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-69
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.79. As amended by P.L.86-1988, SEC.214. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-14-8-5 — Indiana Code / Title 8 / Article 14 / Chapter 8 / Section 8-14-8-5
Loan; evaluation of needs; criteria
Status: in_force

Sec. 5. (a) In evaluating each applicant's needs for a loan from the distressed road fund, the Indiana department of transportation shall use criteria that are consistent with good engineering practices. The criteria used must include, at a minimum:

(1) traffic counts and projected traffic;

(2) areas served;

(3) surface material and conditions;

(4) base material and depth;

(5) drainage, including culverts;

(6) width of roadway and right-of-way;

(7) soils upon which the road is placed;

(8) topography; and

(9) seasonal weather conditions and the effect on road repair and maintenance.

(b) In addition to the criteria listed in subsection (a), the department shall consider the minimum transportation needs of all areas regardless of population or vehicle registration, and the report filed with the department by the department of local government finance under section 6 of this chapter.

As added by Acts 1981, P.L.88, SEC.12. Amended by P.L.18-1990, SEC.115; P.L.90-2002, SEC.316.
Ind. Code § 8-15.7-5-6 — Indiana Code / Title 8 / Article 15.7 / Chapter 5 / Section 8-15.7-5-6
Takeover of qualifying project upon termination of public-private agreement
Status: in_force

Sec. 6. (a) Upon the termination or expiration of the public-private agreement, including a termination for default, the department may take over the qualifying project and succeed to all of the right, title, and interest in the qualifying project. The department may agree to accept the qualifying project subject to any liens on revenues previously granted by the operator to any person providing financing for the qualifying project.

(b) If the department elects to take over a qualifying project, the department may do all or part of the following:

(1) Develop, finance, or operate the project.

(2) Impose, collect, retain, and use user fees, if any, for the project.

(c) The department may use any revenues collected under this section for any of the following purposes or any other authorized use under this article:

(1) Making payments to individuals or entities in connection with the financing of the qualifying project.

(2) Paying development costs of the project.

(3) Paying current operation costs of the project or facilities, including compensation to the department for the services of the department in operating the qualifying project.

(4) Paying the operator for any compensation or payment owing upon termination.

(d) The full faith and credit of the state or any political subdivision or the authority is not pledged to secure any financing of the operator by the election to take over the qualifying project. Assumption of development or operation, or both, of the qualifying project does not obligate the state or any political subdivision or the authority to pay any obligation of the operator.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-22-3-28 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-28
Public necessity and benefit; tax exemption of leasehold interests
Status: in_force

Sec. 28. (a) The acquisition, establishment, construction, improvement, equipment, maintenance, control, and operation of airports and landing fields for aircraft under this chapter is a governmental function of general public necessity and benefit, and is for the use and general welfare of all the people of Indiana, as well as of the people residing in the district.

(b) Notwithstanding any other statute, the leasehold estate of any lessee created pursuant to a lease by the board of its aviation related property or facilities, together with any permanent structure erected on the property by the lessee is exempt from property taxation.

(c) This subsection applies to property, facilities, or permanent structures leased by the board of an airport authority established for a county containing a consolidated city. Notwithstanding subsection (a), any property, facilities, or permanent structures subject to a lease entered into or renewed after July 1, 1995, is not entitled to a property tax exemption if the property, facility, or structure is not used for aviation related purposes.

[Pre-Local Government Recodification Citations: 19-6-2-30; 19-6-3-32; 19-6-3.5-32.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.60-1988, SEC.21; P.L.116-1995, SEC.7.
Ind. Code § 8-1-40-12 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-12
Amendment of commission's net metering rules and electricity suppliers' net metering tariffs; increase to aggregate net metering facility nameplate capacity; reservation of capacity for residential customers and organic waste biomass facilities
Status: in_force

Sec. 12. Before January 1, 2018, the commission shall amend 170 IAC 4-4.2-4, and an electricity supplier shall amend the electricity supplier's net metering tariff, to do the following:

(1) Increase the allowed limit on the aggregate amount of net metering facility nameplate capacity under the net metering tariff to one and one-half percent (1.5%) of the most recent summer peak load of the electricity supplier.

(2) Modify the required reservation of capacity under the limit described in subdivision (1) to require the reservation of:

(A) forty percent (40%) of the capacity for participation by residential customers; and

(B) fifteen percent (15%) of the capacity for participation by customers that install a net metering facility that uses a renewable energy resource described in IC 8-1-37-4(a)(5).

As added by P.L.264-2017, SEC.6. Amended by P.L.93-2024, SEC.72.
Ind. Code § 8-5-1-1 — Indiana Code / Title 8 / Article 5 / Chapter 1 / Section 8-5-1-1
Powers and duties; enumeration
Status: in_force

Sec. 1. Any street railroad company organized before or after March 11, 1901, under Indiana statutes and desiring to construct or acquire, or having before March 11, 1901, constructed or acquired, any street railroad, interurban street railroad, or suburban street railroad, shall, in addition to the rights, privileges, and powers given and granted by statute before March 11, 1901, to street railroad companies, possess the general powers and be subject to the liabilities and restrictions expressed in the special powers following:

First, to cause such examination and surveys for the proposed railroad to be made as may be necessary to the selection of the most advantageous route for the railroad, and, for such purposes, by their officers, agents, and servants, to enter upon the lands or waters of any person, but subject to responsibility for all damages which they shall do thereto.

Second, to receive, hold, and take such voluntary grants and donations of real estate and other personal property as shall be made to it to aid in the construction, maintenance, and accommodation of such railroad; but the real estate thus received by voluntary grants shall be held and used for the purpose of such grants only.

Third, to purchase, or by voluntary grants and donations, or by the special proceedings provided in this chapter, receive, acquire, and take, and by its officers, engineers, surveyors, and agents enter upon, take possession of, hold, and use, all such lands and real estate and other property as may be necessary for the construction, maintenance, and operation of its railroads, railroad stations, depots, powerhouses, shops, carbarns, offices, lines for transmission of electricity for heat, light, and power for such companies or the public, which transmission lines may be on the line of said railroad or elsewhere, as such company may desire, and other accommodations necessary to accomplish the objects for which the corporation is created, but not until the compensation to be made therefor, as agreed upon by the parties or ascertained as provided in this chapter, shall have been paid to the owner or owners thereof or deposited as in this chapter directed, unless the consent of such owner be given to enter into possession.

Fourth, to lay out its road or any part thereof, not exceeding four (4) rods wide, and to construct, maintain, and operate the same, and for the purpose of cuttings, embankments, and procuring stone and gravel, it may take as much more lands, which lands if taken for stone or gravel may be adjacent to the line of said road or elsewhere, in the manner provided in this chapter, as its directors may deem necessary for the proper construction and security of the road.

Fifth, to construct its road across any stream of water, watercourse, road, highway, railroad, or canal, so as not to interfere with the free use of the same, which the route of its road shall intersect, in such manner as to afford security for life and property, and, with the consent of the authorities of the proper county, town, or city, on any street, road, or highway, but the corporation shall restore the stream or watercourse, street, road, or highway to its former state, or in a sufficient manner not to unnecessarily impair its usefulness or injure its franchises. And in case such street railroad company shall cross the tracks of any other street railroad company or any railroad company, if the two (2) corporations can not agree upon the amount of compensation to be made therefor, the same shall be ascertained and determined by commissioners to be appointed as is provided in this chapter in respect to the taking of lands; provided, however, that such rights as street railroad companies may have under statutes existing on March 11, 1901, without agreement with the company to be crossed, and without resorting to the special proceedings prescribed in this chapter, to construct, maintain, and operate their street railroads, interurban street railroads, or suburban street railroads across any railroad or street railroad on any street, road, or highway on which such street railroad companies may be legally authorized to operate, shall not be diminished or impaired by anything in this chapter contained.

Sixth, to maintain and operate, and to that end to construct, purchase, lease, or otherwise acquire, and own or control, street railroad, interurban street railroad, or suburban street railroad lines and systems, constructed or in process of construction, or any part or parts thereof, and property appertaining thereto or to be used in connection therewith, in, through, between and connecting the towns and cities, or any of them, named in its articles of association, or those of its constituent companies, or which lines and systems, or part or parts thereof, connect, or will connect, with its lines and system of street railroad interurban street railroad or suburban street railroad, and to take, transport, carry, and convey passengers and property on its said railroad lines and systems by such force as it is permitted to use for such purpose, and to receive tolls and compensation therefor.

Seventh, to erect and maintain all necessary and convenient buildings, stations, depots, fixtures, and machinery for the accommodation and use of its business, and to obtain and hold the lands necessary therefor.

Eighth, to regulate the time and manner in which passengers and property shall be transported, and the tolls and compensation to be paid therefor; provided, however, that nothing contained in this chapter shall take away from the towns and cities the power to regulate and fix the tolls and compensation for such transportation within such cities and towns, as a condition to the grant of the right to operate therein; and nothing in this chapter shall be construed to give any street railroad company the right to construct or operate a railroad in any city or town without first getting the consent of the proper authorities of the city or town to such construction and operation.

Ninth, if, at any time after the location or construction, in whole or in part, of such street railroad, interurban street railroad, or suburban street railroad, it shall appear to a majority of the directors of such company that the line of such railroad is unnecessarily dangerous, inconvenient, or expensive to operate by reason of grades, curves, or other physical conditions affecting the construction, maintenance, or operation of such road, or that, for any other reason, the location of such street railroad, interurban street railroad, or suburban street railroad should be changed, it may make alterations in its line and route, and for that purpose may enter upon, take, and hold the real estate necessary therefor in the manner and by the special proceedings prescribed in this chapter.

Tenth, to make such changes in the grade or the line of highways as it may be directed or permitted to make by the proper county commissioners, with the view to the safety or the convenience of the public, or the better alignment or construction of such railroad, and to take by the special proceedings described in this chapter such lands as may be necessary for such changes.

Formerly: Acts 1901, c.207, s.1; Acts 1903, c.36, s.1. As amended by P.L.62-1984, SEC.91.
Ind. Code § 8-21-9-30 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-30
Deposit of funds
Status: in_force

Sec. 30. All money received from any facility, pursuant to the authority of this chapter, whether as proceeds from the sale of bonds, from revenues, or otherwise, shall be held and accounted for by the department separate and apart from any other money of the department and shall be deemed to be trust funds to be held and applied solely and exclusively for the benefit of that facility as provided in this chapter, but prior to the time when needed for use by that facility may be invested by the department to the extent and in the manner provided by IC 5-13, insofar as applicable. Such funds shall be kept in depositories designated as depositories for funds of the state as selected by the department, in the manner provided by the governing statutes insofar as applicable. The resolution authorizing the issuance of bonds or the trust agreement securing such bonds shall provide that any officer to whom, or any bank or trust company to which money shall be entrusted, shall act as trustees of such money and shall hold and apply the same for the purposes of this chapter, subject to the provisions of this chapter and of the authorizing resolution or trust agreement.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.361; P.L.19-1987, SEC.25; P.L.3-1990, SEC.33.
Ind. Code § 8-23-7-30 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-30
Municipal acquisition of rights-of-way
Status: in_force

Sec. 30. The authority given the department under this chapter to acquire lands by purchase or by the exercise of the right of eminent domain may not be construed to prohibit a municipality from:

(1) acquiring at its own expense, either by grant, purchase, or condemnation, the necessary right-of-way required by the department for the maintenance, construction, or improvement of a street of the municipality as a part of a highway under the control of the department; or

(2) entering into an agreement to pay all or any part of the costs of the necessary right-of-way.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-23-23-6 — Indiana Code / Title 8 / Article 23 / Chapter 23 / Section 8-23-23-6
Funding for low water crossing projects
Status: in_force

Sec. 6. The commissioner shall ensure that the department makes information available to county boards of commissioners and county highway departments about funding from federal and private sources that might be available to the counties for projects involving the reconstruction or replacement of low water crossings (as defined in IC 8-23-30-1(e)), including the following:

(1) The federal Surface Transportation Block Grant Program (23 U.S.C. 133).

(2) The United States Fish and Wildlife Service.

As added by P.L.173-2025, SEC.25. Amended by P.L.147-2026, SEC.9.
Ind. Code § 8-14-14.1-5 — Indiana Code / Title 8 / Article 14 / Chapter 14.1 / Section 8-14-14.1-5
Transfer to major moves construction fund and state highway fund
Status: in_force

Sec. 5. (a) After review by the budget committee, the budget agency may, after June 30, 2015, and before July 1, 2016, direct the auditor of state to transfer not more than one hundred million dollars ($100,000,000) to the fund from the state general fund. If the budget agency directs the auditor of state to make such a transfer, the auditor of state shall transfer to the fund the amount determined by the budget agency. There is appropriated from the state general fund an amount sufficient to make the transfer under this subsection.

(b) After June 30, 2016, and before July 1, 2017, the auditor of state shall transfer one hundred million dollars ($100,000,000) to the state highway fund created by IC 8-23-9-54 from the state general fund. There is appropriated from the state general fund an amount sufficient to make the transfer under this subsection.

(c) Notwithstanding section 3(e) of this chapter, if one (1) or more transfers under subsection (a) are made to the fund, the budget agency may after review by the budget committee 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) one hundred million dollars ($100,000,000); or

(2) the total amount of any transfers under subsection (a) that are made to the fund.

(d) Money that is transferred as described in subsection (c) may be used for any purpose of the major moves construction fund.

(e) Notwithstanding section 3(e) of this chapter, the transfer under subsection (b) to the state highway fund must be used only for preserving or reconstructing existing state highways and bridges for which the department is responsible.

As added by P.L.213-2015, SEC.102. Amended by P.L.146-2016, SEC.15.
Ind. Code § 8-1-40-18 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-18
Credit on customer's monthly bill for excess distributed generation; excess credit carried forward
Status: in_force

Sec. 18. An electricity supplier shall compensate a customer from whom the electricity supplier procures excess distributed generation (at the rate approved by the commission under section 17 of this chapter) through a credit on the customer's monthly bill. Any excess credit shall be carried forward and applied against future charges to the customer for as long as the customer receives retail electric service from the electricity supplier at the premises.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-15.5-2-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-1
Application
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-17-1-15 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-15
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.16. As amended by P.L.86-1988, SEC.79. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-30.8-4 — Indiana Code / Title 8 / Article 1 / Chapter 30.8 / Section 8-1-30.8-4
"Water utility"
Status: in_force

Sec. 4. As used in this chapter, "water utility" means:

(1) a public utility (as defined in IC 8-1-2-1(a));

(2) a municipally owned utility (as defined in IC 8-1-2-1(h));

(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));

(4) a cooperatively owned corporation;

(5) a conservancy district established under IC 14-33; or

(6) a regional water district established under IC 13-26;

that provides water service to the public in Indiana for a fee.

As added by P.L.15-2019, SEC.7.
Ind. Code § 8-10-2-3 — Indiana Code / Title 8 / Article 10 / Chapter 2 / Section 8-10-2-3
Indiana port fund; management and disbursements
Status: in_force

Sec. 3. Subject to the approval of the governor, the budget agency, and the budget committee, the ports of Indiana may, notwithstanding the provisions of IC 8-10-1-12 or the provisions of any other statute relating to or appropriating money to the Indiana port fund, expend moneys without further appropriation than the provisions of this chapter from the Indiana port fund for the operation and maintenance of a "port" or "port project" as those terms are defined in this article, and in connection with the issuance of bonds, may covenant to set aside and may set aside moneys from the Indiana port fund in a separate fund or account with a corporate trustee or otherwise to be applied on the cost of such operation and maintenance.

Formerly: Acts 1967, c.210, s.3. As amended by P.L.66-1984, SEC.16; P.L.98-2008, SEC.41.
Ind. Code § 8-19-4-3 — Indiana Code / Title 8 / Article 19 / Chapter 4 / Section 8-19-4-3
Report of completion
Status: in_force

Sec. 3. When the grading, draining, and paving is completed, the county highway supervisor shall report in writing to the county executive. The executive shall then accept the improved highway.

Formerly: Acts 1937, c.183, s.3. As amended by P.L.86-1988, SEC.163.
Ind. Code § 8-23-26-7 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-7
Reimbursement of costs of unnecessary relocation; conditions
Status: in_force

Sec. 7. The department shall reimburse a utility for the costs of an unnecessary relocation of facilities if, after the completion of the relocation of the facilities:

(1) within two (2) years after the completion the department has not let a contract for the highway or bridge construction or improvement; or

(2) the department alters the department's plan of construction for the highway or bridge construction or improvement in a manner that would cause the utility to relocate the utility's facilities for the same highway or bridge construction or improvement project.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-1-17.5-14 — Indiana Code / Title 8 / Article 1 / Chapter 17.5 / Section 8-1-17.5-14
Certificates of membership; meetings of members; notice; quorum; election of directors from districts
Status: in_force

Sec. 14. (a) A surviving corporation or successor corporation may issue to its members certificates of membership, and each member is entitled to only one (1) vote on each question or election at any regular or special meeting of the surviving corporation or successor corporation.

(b) Meetings of members may be held at any place provided for in the bylaws. An annual meeting of the members shall be held at the time provided for in the bylaws.

(c) Unless otherwise provided in the bylaws or articles of incorporation of the surviving corporation or successor corporation, the following apply:

(1) Special meetings may be called:

(A) by the board of directors;

(B) upon a petition signed by at least five percent (5%) of all the members; or

(C) by any other officers or persons as may be provided in the articles of incorporation or the bylaws.

(2) Written, printed, or electronic notice stating the place, date, and time of a meeting of members and, in the case of a special meeting, each purpose for which the meeting is called, shall be delivered not less than ten (10) days or more than sixty (60) days before the date of the meeting, either personally, by mail, or electronically, by or at the direction of the officers or persons calling the meeting, to each member of record entitled to vote at the meeting. If mailed, the notice is considered delivered when deposited in the United States mail in a sealed envelope addressed to the member at the member's address as it appears on the records of the surviving corporation or successor corporation, with postage prepaid. If transmitted electronically, the notice is considered delivered when transmitted to the electronic mail address or other address provided by the member for electronic communications. Notice of meetings of members may be waived in writing.

(3) Unless otherwise provided in the articles of incorporation, two percent (2%) of the total of all members who either:

(A) are present in person at any meeting of members; or

(B) as authorized under subsection (e), cast votes before the date of any meeting of members;

for which notice has been given as provided in subdivision (2) constitutes a quorum for the transaction of business at the meeting.

(4) Except as provided in subsection (d) or as otherwise specifically provided in this chapter, a majority vote of the total number of members who either:

(A) are present in person and voting at; or

(B) as authorized under subsection (e), cast votes before the date of;

any regular meeting, or at or before the date of any special meeting called at least in part for the purpose of the vote, is necessary for the taking of any action, the adoption of any resolution, or the election of any directors or officers, as applicable.

(d) As provided in section 12(c)(4) of this chapter, the bylaws or articles of incorporation of the surviving corporation or successor corporation may provide that if more than two (2) persons run for election as a director from the same district, the person receiving the most votes is elected, regardless of whether that person receives a majority of the total votes cast by those members who either:

(1) are present in person and voting at; or

(2) as authorized under subsection (e), cast votes before the date of;

the meeting at which the election occurs, with respect to the particular district.

(e) A surviving corporation or successor corporation may include a provision in the corporation's articles of incorporation or in the corporation's bylaws to allow any votes cast:

(1) after notice of a meeting of members is provided in accordance with subsection (c)(2); and

(2) before the date of the meeting of members;

whether cast in person, by mail, or by electronic ballot, to count toward the quorum requirement set forth in subsection (c)(3) or toward any quorum requirement lawfully established in the surviving corporation's or successor corporation's articles of incorporation or in the surviving corporation's or successor corporation's bylaws.

As added by P.L.18-2010, SEC.1. Amended by P.L.49-2018, SEC.9.
Ind. Code § 8-1-8.8-12 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-12
Recovery of costs; rate adjustment mechanisms
Status: in_force

Sec. 12. (a) The commission shall provide financial incentives to eligible businesses for:

(1) new energy production or generating facilities; and

(2) nuclear energy production or generating facilities;

in the form of timely recovery of the costs incurred in connection with the study, analysis, development, siting, design, licensing, permitting, construction, repowering, expansion, life cycle management, operation, or maintenance of the facilities.

(b) An eligible business seeking authority to timely recover the costs described in subsection (a) must apply to the commission for approval of a rate adjustment mechanism in the manner determined by the commission.

(c) An application must include the following:

(1) A schedule for the completion of construction, repowering, life cycle management, or expansion of the facility for which rate relief is sought.

(2) Copies of the most recent integrated resource plan filed with the commission, if applicable.

(3) The amount of capital investment by the eligible business in the facility.

(4) Other information the commission considers necessary.

(d) The commission shall allow an eligible business to recover:

(1) the costs associated with qualified utility system property; and

(2) qualified utility system expenses;

if the eligible business provides substantial documentation that the expected costs and expenses and the schedule for incurring those costs and expenses are reasonable and necessary.

(e) The commission shall allow an eligible business to recover the costs associated with the purchase of fuels or energy produced by a coal gasification facility or by a nuclear energy production or generating facility if the eligible business provides substantial documentation that the costs associated with the purchase are reasonable and necessary.

(f) A retail rate adjustment mechanism proposed by an eligible business under this section may be based on actual or forecasted data. If forecast data is used, the retail rate adjustment mechanism must contain a reconciliation mechanism to correct for any variance between the forecasted costs and the actual costs.

As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.19; P.L.150-2011, SEC.12.
Ind. Code § 8-16-1-14 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-14
Revenue bonds
Status: in_force

Sec. 14. (a) Subject to IC 8-9.5-8-10, the authority is authorized to provide funds for each and every purpose of this chapter by the issuance of bridge revenue bonds of the state, the principal and interest of which bonds shall be payable solely from the revenues of the bridge to be constructed or acquired by purchase from the proceeds of such bonds. Such revenue bonds:

(1) shall bear interest at a rate or rates approved by the authority payable on such day as specified in the resolution or any trust agreement;

(2) shall mature in not more than thirty (30) years from their date or dates; and

(3) may be made redeemable at the option of the authority, at not more than the par value thereof and a premium of five percent (5%) under such terms and conditions as the authority may fix prior to the issuance of such bonds.

(b) The authority shall:

(1) provide the form of such bonds;

(2) fix the denomination or denominations of such bonds; and

(3) fix the place or places of payment of the principal and interest thereof.

(c) The bonds shall be executed by the manual or facsimile signature of the chairman of the authority and sealed and attested by the manual or facsimile signature of the public finance director. The coupons shall bear the facsimile signature of the chairman. The authority may also provide for authentication of the bonds by a trustee or fiscal agent.

(d) The said bonds shall be exempt from taxation by the state of Indiana and by the municipalities and political subdivisions thereof.

(e) The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provisions may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest.

(f) Such bonds shall be sold in such manner, either at public or private sale, as the authority may determine to be for the best interests, taking into consideration the financial responsibility of the purchaser and the terms and conditions of the purchase and especially the availability of the proceeds of the bonds when required for payment of the cost of the bridge, by the authority. Such sale shall be at not less than ninety cents ($.90) on the dollar and accrued interest, and the proceeds of such bonds shall be used solely for the payment of the bridge costs, and expenses incident thereto as authorized by this chapter, and shall be disbursed by said authority as provided in this chapter. If the proceeds of the sale of such bonds shall exceed such costs, any surplus remaining therefrom shall be paid into the fund provided in section 16 of this chapter for payment of the principal and interest of said bonds.

(g) The authority shall have the right to purchase any bonds so issued by it that may be outstanding at the market price, but not exceeding one hundred five dollars ($105) for each one hundred dollars ($100) of par value and accrued interest nor exceeding the price at which the same shall in the same year be redeemable, with the consent of the holders of such bonds, and all bonds redeemed or purchased shall forthwith be cancelled and shall not again be issued.

(h) Prior to the preparation of definitive bonds the authority may under like restrictions issue temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.

(i) The authority may enter into an agreement with any trust company as trustees for the holders of such bonds, setting forth the duties of the authority in respect to:

(1) the construction, maintenance, operation, and insurance of any such bridge;

(2) the conservation and application of all funds;

(3) the insurance of moneys on hand or on deposit; and

(4) the rights and remedies of said trustee and the holders of such bonds, restricting the individual right of action of bondholders as is customary in trust agreements respecting bonds of a corporation.

(j) Said trust agreement may:

(1) contain such provisions for protecting and enforcing the rights and remedies of the trustee and the bondholders as may be reasonable and proper in the judgment of the authority, and also a provision for approval by the original bond purchasers of the appointment of consulting engineers and of the security given by the bridge contractors and by any bank or trust company in which the proceeds of bonds or bridge tolls or other moneys of the authority shall be deposited; and

(2) provide that no contract for construction shall be made without the approval of the consulting engineers.

(k) Such trust agreement may contain such further provisions as in the judgment of the authority will best accomplish the purposes of this chapter, with respect to:

(1) the fixing, maintaining, and collecting of tolls;

(2) the deposit, safeguarding, and disposition of the revenues derived from such bridge;

(3) the application of revenues;

(4) the determination and establishment of priorities in the disbursement of such revenues;

(5) the establishment of reserve funds to secure the prompt payment of the principal of and the interest on said bonds;

(6) the limitation of the amount of expenses of the authority chargeable to said revenues; and

(7) such other matters as in the judgment of the authority are proper and suitable.

(l) The bonds issued under this section shall be a first lien on all revenues of the bridge on account of which they are issued, subject only to such prior charges as may be provided in such trust agreement or in the resolution authorizing their issuance. The bonds may be issued without any other proceedings or happening or any other conditions or things than those proceedings, conditions, and things which are specified and required by this chapter or by the Constitution of the State of Indiana.

Formerly: Acts 1939, c.79, s.10; Acts 1951, c.296, s.2; Acts 1955, c.323, s.1; Acts 1971, P.L.100, SEC.2. As amended by Acts 1980, P.L.74, SEC.270; P.L.109-1983, SEC.41; P.L.162-2007, SEC.33.
Ind. Code § 8-23-16-4 — Indiana Code / Title 8 / Article 23 / Chapter 16 / Section 8-23-16-4
Admission of administrative determinations as evidence
Status: in_force

Sec. 4. The administrative determination by the department or the determination by the attorney general may not be admitted as evidence in the trial of a civil action for damages.

As added by P.L.18-1990, SEC.225.
Ind. Code § 8-9.5-9-2 — Indiana Code / Title 8 / Article 9.5 / Chapter 9 / Section 8-9.5-9-2
"Authority"
Status: in_force

Sec. 2. As used in this chapter, "authority" means:

(1) an authority or agency established under IC 8-1-2.2 or IC 8-9.5 through IC 8-23;

(2) when acting under a referenced statute (as defined in IC 5-1.2-2), the Indiana finance authority established by IC 5-1.2-3;

(3) only in connection with a program established under IC 5-1.2-10, the bank established under IC 5-1.5;

(4) a fund or program established under IC 5-1.2-10;

(5) the Indiana housing and community development authority established by IC 5-20-1;

(6) the authority established under IC 5-1.2-3; or

(7) the authority established under IC 5-1-17.

As added by P.L.55-1994, SEC.1. Amended by P.L.273-1999, SEC.45; P.L.235-2005, SEC.108; P.L.214-2005, SEC.50; P.L.1-2006, SEC.153 and P.L.181-2006, SEC.49; P.L.162-2007, SEC.30; P.L.189-2018, SEC.69.
Ind. Code § 8-15.7-2-13 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-13
"Private entity"
Status: in_force

Sec. 13. "Private entity" means any combination of one (1) or more individuals, corporations, general partnerships, limited liability companies, limited partnerships, joint ventures, business trusts, nonprofit entities, or other business entities that are parties to a proposal for a qualifying project or a public-private agreement related to a qualifying project. A public agency may provide services to an operator as a subcontractor or subconsultant without affecting the private status of the private entity and the entity's or operator's ability to enter into a public-private agreement.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-16-3-0.5 — Indiana Code / Title 8 / Article 16 / Chapter 3 / Section 8-16-3-0.5
Repealed
Status: repealed

As added by P.L.86-1988, SEC.17. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-23-4-11 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-11
Transfer of county and municipal highways and streets to state system
Status: reserved

Sec. 11. Whenever a county or municipality determines that, because of a change in general function or use, an arterial or local highway or street serves a state function, the highway or street may be transferred to the state system.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-1-2.8-11 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-11
Residential and business lines; surcharge
Status: in_force

Sec. 11. Beginning on June 1, 1991, the commission shall require each LEC to impose a monthly surcharge in the amount of five cents ($0.05) on each residential and business line (or line equivalent) of its customers to fund and recover costs for developing and providing dual party relay services that may include in appropriate circumstances in the sole discretion of the InTRAC providing telecommunications devices to deaf, hard of hearing, and speech impaired persons.

As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.2; P.L.109-2012, SEC.6.
Ind. Code § 8-15.5-4-1.5 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-1.5
Required studies; public hearing; public comment process
Status: in_force

Sec. 1.5. (a) This section applies only to a toll road project and not to a freeway project or a facility project.

(b) The authority may not issue a request for proposals for a toll road project under this article unless the authority has received a preliminary feasibility study and an economic impact study for the project from the department, conducted a public hearing, and concluded the periods for public comments and the authority's replies.

(c) The economic impact study must, at a minimum, include an analysis of the following matters with respect to the proposed project:

(1) Economic impacts on existing commercial and industrial development.

(2) Potential impacts on employment.

(3) Potential for future development near the project area, including consideration of locations for interchanges that will maximize opportunities for development.

(4) Fiscal impacts on revenues to local units of government.

(5) Demands on government services, such as public safety, public works, education, zoning and building, and local airports.

The authority shall post a copy of the economic impact study on the authority's website and shall also provide copies of the study to the governor and the legislative council (in an electronic format under IC 5-14-6).

(d) After completion of the economic impact study, the authority must conduct a public hearing on the results of the study in the county seat of the county in which the proposed project would be located. At least ten (10) days before each public hearing, the authority shall:

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

(2) publish notice of the public hearing one (1) time in accordance with IC 5-3-1 in two (2) newspapers of general circulation in the county; and

(3) include in the notices under subdivisions (1) and (2):

(A) the date, time, and place of the hearing;

(B) the subject matter of the hearing;

(C) a description of the purpose of the economic impact study;

(D) a description of the proposed project and its location; and

(E) a statement concerning the availability of the study on the authority's website.

At the hearing, the authority shall allow the public to be heard on the economic impact study and the proposed project.

(e) For the thirty (30) days following the public hearing on the results of the economic impact study, the authority shall receive comments from the public on the proposed project. The comments may address any aspect of the proposed project.

(f) Within fifteen (15) days following the close of the public comment period, the authority shall publish on the authority's website the authority's replies to the public comments submitted to the authority during the public comment period.

As added by P.L.85-2010, SEC.7. Amended by P.L.205-2013, SEC.144; P.L.91-2014, SEC.23; P.L.213-2015, SEC.110; P.L.218-2017, SEC.74; P.L.1-2025, SEC.128.
Ind. Code § 8-22-3-4.5 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-4.5
Members of a board established by Clark County
Status: in_force

Sec. 4.5. (a) This section applies only to an airport authority established under this chapter by the fiscal body of Clark County.

(b) The following apply to the authority:

(1) The authority shall be named the South Central Regional Airport Authority.

(2) The budget and tax levies of the authority must be approved by the fiscal body of Clark County as provided in IC 6-1.1-17-20.

(3) The authority may not issue bonds or enter into a lease payable in whole or in part from property taxes unless the authority obtains the approval of the fiscal body of Clark County as provided in IC 6-1.1-17-20.5.

(c) The board must at all times maintain liability insurance coverage for the authority that provides general liability coverage in an amount determined sufficient by the board.

(d) The board must issue for each year an annual report that includes at least the following:

(1) The reports submitted to the board under section 21 of this chapter by the treasurer of the authority for the year.

(2) An audited balance sheet, an audited cash flow statement, and an audited income statement for the year.

(3) Minutes of each meeting of the board held during the year.

(4) A report of any pending or potential litigation involving the authority or the board, including a discussion of potential loss resulting from the pending or potential litigation.

(e) The board must each year present the annual report issued under subsection (d):

(1) at a public meeting of the county executive of Clark County;

(2) at a public meeting of the fiscal body of Clark County; and

(3) at a public meeting of the legislative body of the town of Sellersburg.

(f) Notwithstanding sections 4 and 5 of this chapter or any other law, the following apply to the membership of the board of the authority:

(1) Subject to subdivision (2), the individuals serving as members of the Clark County board of aviation commissioners at the time the authority is established shall become the initial members of the board of the authority.

(2) If:

(A) the Clark County board of aviation commissioners consists of five (5) members at the time the authority is established; and

(B) the board of the authority consists of only four (4) members;

the county executive of Clark County shall determine which four (4) of the members of the Clark County board of aviation commissioners shall become the initial members of the board of the authority.

(3) The terms of the individuals who serve as the initial members of the board of the authority as provided in subdivision (1) expire on January 1 of the first calendar year that begins at least twelve (12) months after the authority is established.

(4) Upon the expiration of the terms of the individuals who serve as the initial members of the board of the authority, the members of the board shall be appointed as provided in section 4(h) of this chapter.

(g) The general assembly finds that by enacting this section and section 4(h) of this chapter, Clark County will have the opportunity to advance the economic development potential of the county through the airport authority, the military base reuse authority, and the ports of Indiana.

As added by P.L.84-2013, SEC.2.
Ind. Code § 8-20-1-63 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-63
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.72; Acts 1909, c.148, s.2; Acts 1913, c.183, s.1; Acts 1915, c.176, s.1; Acts 1919, c.228, s.1. As amended by P.L.66-1984, SEC.129; P.L.3-1987, SEC.503. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-31.7-6 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-6
"Requirement"
Status: in_force

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

(1) The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

(2) The federal Safe Drinking Water Act (42 U.S.C. 300f et seq.).

(3) Any other law, order, or regulation administered by the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Department of Transportation, the Indiana department of transportation, the Indiana department of environmental management, or the department of natural resources.

(4) Regulation imposed by local government under IC 8-1-2-101, IC 36-9-2-14, IC 36-9-2-15, or IC 36-9-2-16.

As added by P.L.137-2020, SEC.15.
Ind. Code § 8-1-8.7-6 — Indiana Code / Title 8 / Article 1 / Chapter 8.7 / Section 8-1-8.7-6
Cancellation of clean coal technology implementation; recovery of expenditures
Status: in_force

Sec. 6. If a public utility cancels the implementation of the technology as a result of the modification or revocation of a certificate by the commission under section 5 of this chapter, the public utility may recover the amount of its investment in the technology, along with a reasonable return on the unamortized balance. The utility may not recover on amounts expended in excess of the cost estimates approved by the commission under section 4 of this chapter unless the utility can prove to the commission that those expenditures were necessary and prudent. The recovery must be made over a reasonable period of time through rates charged by the public utility. A recovery may not be made if there was fraud, concealment, or gross mismanagement on the part of the public utility.

As added by P.L.105-1989, SEC.4.
Ind. Code § 8-2.1-28-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 28 / Section 8-2.1-28-1
"Department"
Status: in_force

Sec. 1. As used in this chapter, "department" means the department of transportation.

As added by P.L.218-2017, SEC.60.
Ind. Code § 8-1-32.3-25 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-25
Utility poles and electrical transmission towers; requirements and regulations prohibited
Status: in_force

Sec. 25. A permit authority may not require or regulate the installation, location, or use of wireless service facilities on utility poles or electrical transmission towers.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-2-42 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-42
Changes in schedules
Status: in_force

Sec. 42. (a) No change shall be made in any schedule, including schedules of joint rates, except upon thirty (30) days notice to the commission, and approval by the commission, and all such changes shall be plainly indicated upon existing schedules or by filing new schedules in lieu thereof thirty (30) days prior to the time the same are to take effect. The commission may prescribe a shorter time within which a change may be made. A public, municipally owned, or cooperatively owned utility may not file a request for a general increase in its basic rates and charges within fifteen (15) months after the filing date of its most recent request for a general increase in its basic rates and charges, except that the commission may order a more timely increase if:

(1) the requested increase relates to a different type of utility service;

(2) the commission finds that the utility's financial integrity or service reliability is threatened; or

(3) the increase is based on:

(A) a rate structure previously approved by the commission; or

(B) orders of federal courts or federal regulatory agencies having jurisdiction over the utility.

The phrase "general increase in basic rates and charges" does not include changes in rates related solely to the cost of fuel or to the cost of purchased gas or purchased electricity or adjustments in accordance with tracking provisions approved by the commission. In addition to other tracking provisions the commission finds appropriate, the commission may approve periodic tracking mechanisms for water utilities and wastewater utilities to permit recovery of changes in property taxes. The commission may also approve periodic tracking mechanisms calculated to recover from customers located within the geographic boundaries of local units of government the incremental costs of operation and maintenance of water utilities and wastewater utilities resulting from policies or ordinances that are adopted by those local units and that the commission determines to be unusual but not necessarily unreasonable under section 101 of this chapter. The commission shall adopt rules under IC 4-22-2 to define what is unreasonable with respect to road cut permits and other specifications or policies established by a local unit that imposes costs on water or wastewater utilities.

(b) No schedule of rates, tolls, and charges of a public, municipally owned, or cooperatively owned utility which includes or authorizes any changes in charges based upon costs is effective without the approval of the commission. Before the commission approves any changes in the schedule of rates, tolls, and charges of an electric utility, which generates and sells electricity, based upon the cost of fuel to generate electricity or upon the cost of fuel included in the cost of purchased electricity, the utility consumer counselor shall examine the books and records of the public, municipally owned, or cooperatively owned generating utility to determine the cost of fuel upon which the proposed charges are based. In addition, before such a fuel cost charge becomes effective, the commission shall hold a summary hearing on the sole issue of the fuel charge. The utility consumer counselor shall conduct the utility consumer counselor's review and make a report to the commission within twenty (20) days after the utility's request for the fuel cost charge is filed. The commission shall hold the summary hearing and issue its order within twenty (20) days after it receives the utility consumer counselor's report. The provisions of this section and sections 39, 43, 54, 55, 56, 59, 60, and 61 of this chapter concerning the filing, printing, and changing of rate schedules and the time required for giving notice of hearing and requiring publication of notice do not apply to such a fuel cost charge or such a summary hearing.

(c) Regardless of the pendency of any request for a fuel cost charge by any electric utility, the books and records pertaining to the cost of fuel of all public, municipally owned, or cooperatively owned utilities that generate electricity shall be examined by the utility consumer counselor not less often than quarterly, and the books and records of all electric nongenerating public, municipally owned, or cooperatively owned utilities shall be examined by the utility consumer counselor not less often than annually. The utility consumer counselor shall provide the commission with a report as to the examination of said books and records within a reasonable time following said examination. The utility consumer counselor may, if appropriate, request of the commission a reduction or elimination of the fuel cost charge. Upon such request, the commission shall hold a hearing forthwith in the manner provided in sections 58, 59, and 60 of this chapter.

(d) An electric generating utility may apply for a change in its fuel charge not more often than each three (3) months. When such application is filed the petitioning utility shall show to the commission its cost of fuel to generate electricity and the cost of fuel included in the cost of purchased electricity, for the period between its last order from the commission approving fuel costs in its basic rates and the latest month for which actual fuel costs are available. The petitioning utility shall also estimate its average fuel costs for the three (3) calendar months subsequent to the expiration of the twenty (20) day period allowed the commission in subsection (b). The commission shall conduct a formal hearing solely on the fuel cost charge requested in the petition subject to the notice requirements of IC 8-1-1-8 and shall grant the electric utility the requested fuel cost charge if it finds that:

(1) the electric utility has made every reasonable effort to acquire fuel and generate or purchase power or both so as to provide electricity to its retail customers at the lowest fuel cost reasonably possible;

(2) the actual increases in fuel cost through the latest month for which actual fuel costs are available since the last order of the commission approving basic rates and charges of the electric utility have not been offset by actual decreases in other operating expenses;

(3) the fuel adjustment charge applied for will not result in the electric utility earning a return in excess of the return authorized by the commission in the last proceeding in which the basic rates and charges of the electric utility were approved. However, subject to section 42.3 of this chapter, if the fuel charge applied for will result in the electric utility earning a return in excess of the return authorized by the commission, in the last proceeding in which basic rates and charges of the electric utility were approved, the fuel charge applied for will be reduced to the point where no such excess of return will be earned; and

(4) the utility's estimate of its prospective average fuel costs for each such three (3) calendar months are reasonable after taking into consideration:

(A) the actual fuel costs experienced by the utility during the latest three (3) calendar months for which actual fuel costs are available; and

(B) the estimated fuel costs for the same latest three (3) calendar months for which actual fuel costs are available.

(e) Should the commission at any time determine that an emergency exists that could result in an abnormal change in fuel costs, it may, in order to protect the public from the adverse effects of such change suspend the provisions of subsection (d) as to the utility or utilities affected by such an emergency and initiate such procedures as may be necessary to protect both the public and the utility from harm. The commission shall lift the suspension when it is satisfied the emergency no longer exists.

(f) Any change in the fuel cost charge granted by the commission under the provisions of this section shall be reflected in the rates charged by the utility in the same manner as any other changes in rates granted by the commission in a case approving the basic rates and charges of the utility. However, the utility may file the change as a separate amendment to its rate schedules with a reasonable reference in the amendment that such charge is applicable to all of its filed rate schedules.

(g) No schedule of rates, tolls, and charges of a public, municipally owned, or cooperatively owned gas utility that includes or authorizes any changes in charges based upon gas costs is effective without the approval of the commission except those rates, tolls, and charges contained in schedules that contain specific provisions for changes in gas costs or the cost of gas that have previously been approved by the commission. Gas costs or cost of gas may include the gas utility's costs for gas purchased by it from pipeline suppliers, costs incurred for leased gas storage and related transportation, costs for supplemental and substitute gas supplies, costs incurred for exploration and development of its own sources of gas supplies and other expenses relating to gas costs as shall be approved by the commission. Changes in a gas utility's rates, tolls, and charges based upon changes in its gas costs shall be made in accordance with the following:

(1) Before the commission approves any changes in the schedule of rates, tolls, and charges of a gas utility based upon the cost of the gas, the utility consumer counselor may examine the books and records of the public, municipally owned, or cooperatively owned gas utility to determine the cost of gas upon which the proposed changes are based. In addition, before such an adjustment to the gas cost charge becomes effective, the commission shall hold a summary hearing on the sole issue of the gas cost adjustment. The utility consumer counselor shall conduct the utility consumer counselor's review and make a report to the commission within thirty (30) days after the utility's request for the gas cost adjustment is filed. The commission shall hold the summary hearing and issue its order within thirty (30) days after it receives the utility consumer counselor's report. The provisions of this section and sections 39, 43, 54, 55, 56, 59, 60, and 61 of this chapter concerning the filing, printing, and changing of rate schedules and the time required for giving notice of hearing and requiring publication of notice do not apply to such a gas cost adjustment or such a summary hearing.

(2) Regardless of the pendency of any request for a gas cost adjustment by any gas utility, the books and records pertaining to cost of gas of all public, municipally owned, or cooperatively owned gas utilities shall be examined by the utility consumer counselor not less often than annually. The utility consumer counselor shall provide the commission with a report as to the examination of said books and records within a reasonable time following said examination. The utility consumer counselor may, if appropriate, request of the commission a reduction or elimination of the gas cost adjustment. Upon such request, the commission shall hold a hearing forthwith in the manner provided in sections 58, 59, and 60 of this chapter.

(3) A gas utility may apply for a change in its gas cost charge not more often than each three (3) months. When such application is filed, the petitioning utility shall show to the commission its cost of gas for the period between its last order from the commission approving gas costs in its basic rates and the latest month for which actual gas costs are available. The petitioning utility shall also estimate its average gas costs for a recovery period of not less than the three (3) calendar months subsequent to the expiration of the thirty (30) day period allowed the commission in subdivision (1). The commission shall conduct a summary hearing solely on the gas cost adjustment requested in the petition subject to the notice requirements of IC 8-1-1-8 and may grant the gas utility the requested gas cost charge if it finds that:

(A) the gas utility has made every reasonable effort to acquire long term gas supplies so as to provide gas to its retail customers at the lowest gas cost reasonably possible;

(B) the pipeline supplier or suppliers of the gas utility has requested or has filed for a change in the costs of gas pursuant to the jurisdiction and procedures of a duly constituted regulatory authority;

(C) the gas cost adjustment applied for will not result, in the case of a public utility, in its earning a return in excess of the return authorized by the commission in the last proceeding in which the basic rates and charges of the public utility were approved; however, subject to section 42.3 of this chapter, if the gas cost adjustment applied for will result in the public utility earning a return in excess of the return authorized by the commission in the last proceeding in which basic rates and charges of the gas utility were approved, the gas cost adjustment applied for will be reduced to the point where no such excess of return will be earned; and

(D) the utility's estimate of its prospective average gas costs for each such future recovery period is reasonable and gives effect to:

(i) the actual gas costs experienced by the utility during the latest recovery period for which actual gas costs are available; and

(ii) the actual gas costs recovered by the adjustment of the same recovery period.

(4) Should the commission at any time determine that an emergency exists that could result in an abnormal change in gas costs, it may, in order to protect the public or the utility from the adverse effects of such change suspend the provisions of subdivision (3) as to the utility or utilities affected by such an emergency and initiate such procedures as may be necessary to protect both the public and the utility from harm. The commission shall lift the suspension when it is satisfied the emergency no longer exists.

(5) Any change in the gas cost charge granted by the commission under the provisions of this section shall be reflected in the rates charged by the utility in the same manner as any other changes in rates granted by the commission in a case approving the basic rates and charges of the utility. However, the utility may file the change as a separate amendment to its rate schedules with a reasonable reference in the amendment that such charge is applicable to all of its filed rate schedules.

Formerly: Acts 1913, c.76, s.45; Acts 1975, P.L.75, SEC.1. As amended by Acts 1979, P.L.85, SEC.4; P.L.43-1983, SEC.9; P.L.115-1987, SEC.1; P.L.108-1995, SEC.1; P.L.136-2018, SEC.44; P.L.61-2022, SEC.1; P.L.93-2024, SEC.63.
Ind. Code § 8-14-11-15 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-15
Agreement; terms
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 15. The board and each county for which a grant has been approved under this chapter shall enter into an agreement specifying the purposes for which the grant may be used. The terms of the agreement must be consistent with the purposes of this chapter.

As added by P.L.117-1989, SEC.1.