Ind. Code § 8-1-40-19 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-19
Electricity supplier's petition to commission for recovery of energy delivery costs attributable to distributed generation customers; approval; findings by commission
Status: in_force

Sec. 19. (a) To ensure that customers that produce distributed generation are properly charged for the costs of the electricity delivery system through which an electricity supplier:

(1) provides retail electric service to those customers; and

(2) procures excess distributed generation from those customers;

the electricity supplier may request approval by the commission of the recovery of energy delivery costs attributable to serving customers that produce distributed generation.

(b) The commission may approve a request for cost recovery submitted by an electricity supplier under subsection (a) if the commission finds that the request:

(1) is reasonable; and

(2) does not result in a double recovery of energy delivery costs from customers that produce distributed generation.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-1.5-6-11 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-11
Expansion of service territory after adoption of regulatory ordinance
Status: in_force

Sec. 11. This section applies to a municipality that:

(1) after December 31, 2012, adopts a regulatory ordinance that establishes a service territory that is smaller than the regulated territory; and

(2) either:

(A) amends the ordinance described in subdivision (1); or

(B) adopts a new ordinance;

to establish a service territory that is larger than the service territory described in subdivision (1).

Before an ordinance described in subdivision (2) may take effect, the municipality shall submit the ordinance to the commission for approval under section 9 of this chapter.

As added by P.L.213-2014, SEC.7. Amended by P.L.5-2015, SEC.23.
Ind. Code § 8-23-26-2 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-2
Order for relocation
Status: in_force

Sec. 2. If the department determines that the location of a utility's facilities will interfere with a planned highway or bridge construction or improvement project, the commissioner may order the utility to relocate the utility's facilities. An order issued under this section may not take effect less than six (6) months after the date the department requests, in writing, that the utility provide a facilities relocation plan.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-16-1-27 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-27
Bob Cummings Lincoln Trail Bridge at Cannelton
Status: in_force

Sec. 27. (a) This section applies to the Bob Cummings Lincoln Trail Bridge at Cannelton.

(b) This subsection applies notwithstanding sections 16, 17.1, and 19 of this chapter. On January 1, 1988, without a deed of conveyance, the bridge becomes the property of the state, toll free, and a part of the state highway system.

(c) The department shall negotiate with Kentucky for the purpose of making an agreement for the maintenance of the bridge.

(d) The agreement described in this section must include the terms of the agreement set forth in the NINETEENTH provision of the interstate agreement entitled "AGREEMENT FOR CONSTRUCTION OF BRIDGES OVER THE OHIO RIVER IN THE MAUCKPORT, INDIANA-BRANDENBURG, KENTUCKY AREA AND THE CANNELTON, INDIANA-HAWESVILLE, KENTUCKY AREA AND APPROACHES THERETO" (approved August 8, 1963), to the effect that when one (1) or both of the bridges described in the agreement become toll free, the costs of the maintenance program shall be borne fifty percent (50%) by the Commonwealth of Kentucky and fifty percent (50%) by the state of Indiana.

(e) The agreement described in this section must provide that the bridge shall be maintained through a program to preserve, repair, and restore the bridge with its elements to its original designed or accepted standard, and to offset the effects of weather, organic growth, deterioration (aging, material failure, design and construction faults), traffic wear, damage, and vandalism. The bridge's elements include such items as travelway surfaces, shoulders, roadsides, drainage, drainage facilities, signs, markings, lighting, and fixtures. The maintenance program must include bridge inspection, snow and ice removal, cleaning, painting, repairing, and replacement of rails, floors, stringers, and beams.

(f) Notwithstanding subsection (b), after December 31, 1987, and until Indiana and Kentucky make an agreement as described in this section, the toll for an automobile is twenty-five cents ($0.25). The department shall set tolls for vehicles other than automobiles that are:

(1) at rates that when added to the revenue from automobile tolls will yield enough revenue to offset the operating costs of the bridge; and

(2) are proportionate to the tolls for vehicles other than automobiles that are in effect on April 1, 1987.

As added by P.L.386-1987(ss), SEC.18. Amended by P.L.18-1990, SEC.148.
Ind. Code § 8-22-2-12 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-12
Airport and landing field operations considered public necessity and benefit; tax exemption of leasehold interests
Status: in_force

Sec. 12. (a) The acquisition, establishment, construction, improvement, equipment, maintenance, control, and operation of municipal airports and landing fields for aircraft under this chapter is considered to be a governmental function of general public necessity and benefit and is for the use and general welfare of all the people of Indiana, including the people residing in the eligible entity.

(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.

[Pre-Local Government Recodification Citation: 19-6-1-13.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.60-1988, SEC.20.
Ind. Code § 8-9.5-7-10 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-10
Agreement with public transportation corporation
Status: in_force

Sec. 10. In any district served by a public transportation corporation, created under IC 36-9-4, the commission may enter into an agreement with the corporation to operate and maintain the automated transmit system and to provide connecting service to, from, and between the areas served by the district and the corporation for the purpose of providing improved public transportation facilities and service to the community.

As added by Acts 1982, P.L.77, SEC.1.
Ind. Code § 8-4-11-2 — Indiana Code / Title 8 / Article 4 / Chapter 11 / Section 8-4-11-2
Eminent domain
Status: in_force

Sec. 2. Any railroad company extending its line under the provisions of this chapter may acquire right of way and other property, by condemnation or otherwise, in the same manner and with the same effect as if such extension had been included within the original articles of association of such company.

Formerly: Acts 1879, c.28, s.2. As amended by P.L.62-1984, SEC.60.
Ind. Code § 8-1-2.2-24 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-24
Dissolution of joint agencies
Status: in_force

Sec. 24. Dissolution of Joint Agencies. Whenever the board of commissioners of a joint agency and the governing bodies of its member municipalities by resolution or ordinance determine that the purposes for which the joint agency was formed have been substantially fulfilled and that all bonds issued and all other obligations incurred by the joint agency have been fully paid or satisfied or provision for the payment thereof has been made in accordance with the terms of the resolution or trust agreement securing the same, the board of commissioners and governing boards may declare the joint agency to be dissolved. On the effective date of the resolution or ordinance, the title to all funds and other property owned by the joint agency at the time of the dissolution shall vest in the member municipalities of the joint agency as provided in this chapter and the bylaws of the joint agency.

As added by Acts 1980, P.L.68, SEC.1.
Ind. Code § 8-2.1-17-7 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-7
"Emergency temporary authority"
Status: in_force

Sec. 7. "Emergency temporary authority" means limited term motor carrier operating authority issued for periods of thirty (30) days or less to meet an immediate and urgent need for service due to emergencies, in which time or circumstances do not reasonably permit the filing and processing of an application for temporary authority.

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-14-17-1 — Indiana Code / Title 8 / Article 14 / Chapter 17 / Section 8-14-17-1
"Authority"
Status: in_force

Sec. 1. As used in this chapter, "authority" refers to the Indiana finance authority established by IC 5-1.2-3.

As added by P.L.203-2007, SEC.4. Amended by P.L.189-2018, SEC.80.
Ind. Code § 8-1-8.2-2 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-2
"Energy production zone"
Status: in_force

Sec. 2. (a) As used in this chapter, "energy production zone" means a premise of land on which any of the following was located as of January 1, 2025:

(1) An electric generation facility with a generating capacity of at least eighty (80) megawatts, regardless of whether the electric generation facility is operational.

(2) A surface or underground mine at which mining operations are no longer occurring.

(b) The term does not include a premise of land on which either of the following was located as of January 1, 2025:

(1) One (1) or more wind power devices (as defined in IC 8-1-41-7) that are integrated into an electric generation facility.

(2) One (1) or more commercial solar energy systems (as defined in IC 8-1-42-2).

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-3-22-8 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-8
Eligible party states
Status: in_force

Sec. 8. (a) The states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin are eligible to join this compact.

(b) Upon approval of the commission, according to its bylaws, other states may also be declared eligible to join the compact.

(c) For an eligible party state, this compact is effective when that state's legislature enacts the compact into law. However, the compact does not become initially effective until enacted into law by any three (3) party states incorporating the provisions of this compact into the laws of those states.

(d) Amendments to the compact become effective upon their enactment by the legislatures of all compacting states.

As added by P.L.131-2000, SEC.1.
Ind. Code § 8-14-9-14 — Indiana Code / Title 8 / Article 14 / Chapter 9 / Section 8-14-9-14
Local county road and bridge district bond fund; deposits; exemption; use
Status: in_force

Sec. 14. (a) A separate fund known as the local county road and bridge district bond fund is created for deposit of the following monies:

(1) revenues collected from the tax imposed under this chapter;

(2) any appropriation made under section 16 of this chapter; and

(3) any proceeds remaining from the sale of bonds after payment of all costs and expenses described in section 10(b) of this chapter.

In addition, if there are any outstanding bonds issued under this chapter, then revenues received by the county from the county vehicle excise tax and the county wheel tax shall, notwithstanding IC 6-3.5-4-13 and IC 6-3.5-5-15, be deposited in the local county road and bridge district bond fund. However, this subsection does not apply to county vehicle excise tax and county wheel tax revenues which are to be distributed under IC 6-3.5-4-13 and IC 6-3.5-5-15 to cities and towns located in the county.

(b) Monies in the fund shall be used only for payment of local county road and bridge district bonds as they severally mature, and the interest on those bonds.

(c) Monies in the fund shall be deposited with one (1) depository of other funds of the qualified county. Interest accruing on monies in the fund belongs to the fund.

As added by Acts 1981, P.L.88, SEC.13. Amended by P.L.256-2017, SEC.93.
Ind. Code § 8-1-22.5-11 — Indiana Code / Title 8 / Article 1 / Chapter 22.5 / Section 8-1-22.5-11
Tort liability
Status: in_force

Sec. 11. Nothing in this chapter shall affect the common law or statutory tort liability of any person.

Formerly: Acts 1971, P.L.84, SEC.1.
Ind. Code § 8-9.5-8-3 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-3
Repealed
Status: repealed

As added by P.L.109-1983, SEC.3. Amended by P.L.68-1988, SEC.7; P.L.112-1989, SEC.1. Repealed by P.L.235-2005, SEC.212.
Ind. Code § 8-14-15.1-13 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-13
Trust distributions of principal prohibited; income from trust investments distributed to the major moves construction fund at discretion of the trustee
Status: in_force

Sec. 13. (a) The principal of the trust may not be distributed during the term of the trust.

(b) The income that accrues from the investment of the trust shall be deposited in the trust.

(c) On March 15 in years set forth in the investment policy adopted by the board, the treasurer of state shall transfer all income accruing to the trust to the major moves construction fund.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-16-15.5-15 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-15
State and political subdivisions; immunity from liability
Status: in_force

Sec. 15. Neither:

(1) the state; nor

(2) a political subdivision of the state, including, without limitation, Posey County and the town of New Harmony;

is liable for any action taken by the bridge authority.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-22-3.5-9.5 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-9.5
Authorization to amend resolution in Vanderburgh County
Status: in_force

Sec. 9.5. (a) This section applies to a commission located in a county described in section 1(5) of this chapter.

(b) The commission may amend a resolution adopted before January 1, 2006, under section 5 of this chapter to include a provision with respect to the allocation and distribution of property taxes.

(c) For purposes of determining the allocation and distribution of property taxes under this chapter, the "base assessed value" means the net assessed value of all the tangible property as finally determined for the assessment date immediately preceding the effective date of the allocation provision of the commission's amended resolution adopted under this section.

(d) An amendment adopted under this section must be approved by the executive of:

(1) the county, if the entire airport development zone is located outside the boundaries of any municipality located in the county;

(2) a municipality located in the county, if the entire airport development zone is located within the boundary of the municipality; or

(3) the county and a municipality located in the county, if the airport development zone is located within the boundary of the county and partly within the boundary of the municipality.

As added by P.L.124-2006, SEC.7.
Ind. Code § 8-3-22-3 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-3
Creation and members of commission
Status: in_force

Sec. 3. (a) The Midwest interstate passenger rail compact commission is created to carry out the duties specified in this compact.

(b) The manner of appointment of commission members, terms of office consistent with the terms of this compact, provisions for removal and suspension, and manner of appointment to fill vacancies shall be determined by each party state under its laws, but each member of the commission must be a resident of the state of appointment.

(c) Commission members serve without compensation from the commission.

(d) The commission consists of four (4) resident members of each state as follows:

(1) The governor, or the governor's designee, who serves during the tenure of office of the governor, or until a successor is named.

(2) One (1) member of the private sector appointed by the governor to serve during the tenure of office of the governor, or until a successor is named.

(3) Two (2) legislators from different political parties, one (1) from each legislative chamber (or two (2) legislators from any unicameral legislature), who serve two (2) year terms, or until successors are appointed, and who are appointed by the appropriate appointing authority in each legislative chamber.

All vacancies must be filled according to the laws of the appointing states. A commission member appointed to fill a vacancy serves until the end of the incomplete term.

(e) Each member state has equal voting privileges, as determined by the commission bylaws.

As added by P.L.131-2000, SEC.1.
Ind. Code § 8-2.1-17-16 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-16
"Taxicab"
Status: in_force

Sec. 16. "Taxicab" means a motor vehicle that:

(1) is designed and constructed to accommodate and transport not more than six (6) passengers in addition to the driver;

(2) does not operate over any definite and designated routes within the corporate boundaries of a city or town and the suburban territory of a city or town; and

(3) transports passengers to the destination designated by the passengers at the time of their transportation.

The term does not include a personal vehicle operated by a TNC driver.

As added by P.L.99-1989, SEC.8. Amended by P.L.175-2015, SEC.5.
Ind. Code § 8-4-7-7 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-7
Acquisition of property; eminent domain
Status: in_force

Sec. 7. Any such union railway company may erect, construct, rebuild and replace, in connection with its tracks, union depots, car sheds and such other structures and appliances as the company may deem necessary to facilitate the transaction of its business, and the business of its proprietary companies and of other railroad companies whose tracks may connect therewith, and which may acquire from such union railway company the right to use said union tracks and their appliances. And such union company shall also have power to locate, construct, rebuild, keep up, change and repair such union railroad and its tracks, side-tracks, switches, depots, sheds and other structures and appliances, and to take conveyances and releases in fee simple or otherwise of rights of way and of such real estate as it may deem necessary for the purposes aforesaid, and may condemn, in fee simple or otherwise, so much real estate and such rights of way as it may deem necessary for the purposes aforesaid, or any of them; also, to construct, own, maintain and operate union passenger stations, local freight stations, transfer and connecting tracks, between the property of such union company and property and tracks of other railroad companies.

Formerly: Acts 1885, c.20, s.7.
Ind. Code § 8-23-2-2 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-2
Commissioner; appointment; compensation
Status: in_force

Sec. 2. (a) The governor shall appoint a commissioner who is responsible for organizing and administering the department.

(b) The commissioner:

(1) serves at the pleasure of the governor; and

(2) is entitled to receive compensation set by the budget agency.

As added by P.L.112-1989, SEC.5.
Ind. Code § 8-4-7-5 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-5
Stock certificates; proprietary companies
Status: in_force

Sec. 5. The interest of each proprietary company in the union company in its capital stock and in its property and effects of every kind shall be deemed an appurtenance to the railroad of such proprietary company, and shall not be transferable or alienable otherwise than with and as a part of the railroad of such proprietary company. The union company shall issue to each proprietary company a certificate or certificates setting forth the interest or stock of such proprietary company in such union company, but such certificate shall express upon its face that it is not transferable, except as appurtenant to the railroad of such proprietary company.

Formerly: Acts 1885, c.20, s.5.
Ind. Code § 8-1-17-16 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-16
Obligations; covenants and agreements to secure
Status: in_force

Sec. 16. In connection with the issuance of any obligations, a cooperative corporation may make such covenants or agreements and do any and all such acts and things as may be necessary, convenient or desirable in order to secure its obligations or which, in the absolute discretion of the board, tend to make the obligations more marketable, notwithstanding that such covenants, agreements, acts and things may constitute a limitation on the exercise of the powers granted under this chapter.

Formerly: Acts 1951, c.193, s.16. As amended by P.L.136-2018, SEC.76.
Ind. Code § 8-15.5-4-6 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-6
Access to contents of proposals
Status: in_force

Sec. 6. (a) The authority may not disclose the contents of proposals during discussions or negotiations with eligible offerors.

(b) The authority may, in its discretion in accordance with IC 5-14-3, treat as confidential all records relating to discussions or negotiations between the authority and eligible offerors if those records are created while discussions or negotiations are in progress.

(c) Notwithstanding subsections (a) and (b), and with the exception of parts that are confidential under IC 5-14-3, the terms of the selected offer negotiated under this article shall be available for inspection and copying under IC 5-14-3 after negotiations with the offerors have been completed.

(d) When disclosing the terms of the selected offer under subsection (c), the authority shall certify that the information being disclosed accurately and completely represents the terms of the selected offer.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-17-1-9 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-9
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.10; Acts 1973, P.L.23, SEC.4. As amended by P.L.86-1988, SEC.75. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-16-2-14 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-14
Powers of toll collector
Status: in_force

Sec. 14. Every toll-collector shall, by virtue of his employment, and while in the discharge of his duties, have full and complete police power, and shall be authorized to make arrests without a warrant for any violation in Indiana of the criminal laws of the state of Indiana, occurring in his presence.

Formerly: Acts 1927, c.10, s.14.
Ind. Code § 8-1-2-6.8 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-6.8
Valuation of property; qualified pollution control property constructed after March 31, 2002
Status: in_force

Sec. 6.8. (a) This section applies to a utility that begins construction of qualified pollution control property after March 31, 2002.

(b) As used in this section, "clean coal technology" means a technology (including precombustion treatment of coal):

(1) that is used in a new or existing energy generating facility and directly or indirectly reduces airborne emissions of sulfur, mercury, or nitrogen oxides or other regulated air emissions associated with the combustion or use of coal; and

(2) that either:

(A) was not in general commercial use at the same or greater scale in new or existing facilities in the United States at the time of enactment of the federal Clean Air Act Amendments of 1990 (P.L.101-549); or

(B) has been selected by the United States Department of Energy for funding under its Innovative Clean Coal Technology program and is finally approved for such funding on or after the date of enactment of the federal Clean Air Act Amendments of 1990 (P.L.101-549).

(c) As used in this section, "qualified pollution control property" means an air pollution control device on a coal burning energy generating facility or any equipment that constitutes clean coal technology that has been approved for use by the commission and that meets applicable state or federal requirements.

(d) As used in this section, "utility" refers to any energy generating utility allowed by law to earn a return on its investment.

(e) Upon the request of a utility that begins construction after March 31, 2002, of qualified pollution control property that is to be used and useful for the public convenience, the commission shall for ratemaking purposes add to the value of that utility's property the value of the qualified pollution control property under construction.

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

As added by P.L.159-2002, SEC.4.
Ind. Code § 8-25-2-2 — Indiana Code / Title 8 / Article 25 / Chapter 2 / Section 8-25-2-2
Ordinance certification; ballot language approval
Status: in_force

Sec. 2. If the fiscal body of an eligible county adopts an ordinance under section 1 of this chapter, the county auditor shall certify a copy of the ordinance to the department of local government finance, including the language for the question required by section 3 of this chapter, whichever is applicable to the eligible county. The department shall review the language for compliance with section 3 of this chapter, whichever is applicable to the eligible county. The department of local government finance may approve or reject the language. The department shall send its decision to the county auditor and the fiscal body of the eligible county not more than ten (10) days after the ordinance is submitted to the department. If the language is approved, the county auditor shall certify a copy of the ordinance, including the language for the question and the department's approval, to the county election board of the eligible county.

As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.85.
Ind. Code § 8-6-7.5-3 — Indiana Code / Title 8 / Article 6 / Chapter 7.5 / Section 8-6-7.5-3
Violations; minimum judgment; funds deposited in industrial rail service fund
Status: in_force

Sec. 3. (a) A railroad corporation that violates this chapter commits a Class C infraction. The minimum judgment that may be entered for a Class C infraction under this section is two hundred dollars ($200).

(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations of this section must be deposited in the industrial rail service fund established by IC 8-3-1.7-2.

Formerly: Acts 1972, P.L.63, SEC.4. As amended by Acts 1978, P.L.2, SEC.825; P.L.162-2015, SEC.1.
Ind. Code § 8-1-40-7 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-7
"Net metering tariff"
Status: in_force

Sec. 7. As used in this chapter, "net metering tariff" means a tariff that:

(1) an electricity supplier offers for net metering under 170 IAC 4-4.2; and

(2) is in effect on January 1, 2017.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-15.5-4-2 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-2
Contents of request for proposals
Status: in_force

Sec. 2. A request for proposals issued by the authority must include the following:

(1) The factors or criteria that will be used in evaluating the proposals.

(2) A statement that a proposal must be accompanied by evidence of financial responsibility as considered appropriate and satisfactory by the authority.

(3) A statement concerning whether discussions may be conducted with the offerors for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements.

(4) A statement concerning any other information that the authority may consider in evaluating the proposals.

(5) A statement that to be considered an eligible offeror, the offeror, any private entity described in section 7(d) of this chapter with respect to the offeror, or any predecessor to the private entity must have completed a comparable project in North America within two (2) years of the date of the submission of the offeror's proposal.

(6) A statement that, except as otherwise required by law or under order from a court with jurisdiction, the authority may not disclose the contents of proposals during:

(A) discussions; or

(B) negotiations;

with eligible offerors to other eligible offerors.

As added by P.L.47-2006, SEC.39. Amended by P.L.189-2018, SEC.87.
Ind. Code § 8-4.5-6-3 — Indiana Code / Title 8 / Article 4.5 / Chapter 6 / Section 8-4.5-6-3
Information to be filed
Status: in_force

Sec. 3. A responsible party must file the following information under section 2 of this chapter:

(1) A description and map of the proposed recreational trail. The information filed under this subdivision must identify the following:

(A) The properties for which the responsible party has secured the legal right to use as a recreational trail.

(B) The properties for which the responsible party has not, at the time of the filing, secured the legal right to use as a recreational trail.

(2) The name and address of the responsible party. If the responsible party is not an individual, the following information about the responsible party must also be included:

(A) If the responsible party is a governmental entity, the following:

(i) The name and address of the individual or body responsible for the administration of the governmental entity.

(ii) The name, address, and head of any agency of the governmental entity that will be responsible for the operation of the recreational trail.

(B) If the responsible party is a corporation of any kind, the officers of the corporation and the address at which legal documents for the corporation may be served.

(C) If the responsible party is a partnership of any kind, the names and addresses of all of the partners.

(D) If the responsible party is any other kind of entity, the name and address of each individual who satisfies the following:

(i) The individual belongs to or is affiliated with the entity.

(ii) The individual has some responsibility for the organization or governance of the entity.

(3) A project concept statement for the recreational trail, including a location map, cross-section, and sketch of the project, detailed enough to generate project cost estimates. The proposed project is not required to be designed before filing, but the concept must be reasonable from a transportation engineering standpoint and detailed enough to generate project cost estimates.

(4) An environmental impact statement, if required by law.

(5) An itemized cost estimate for the total project showing for each item the cost and funding source.

(6) Expenses, including personnel costs, costs of goods and services, contractual services, equipment, utilities, travel, and taxes. The information provided under this subdivision must specifically show expenses for:

(A) trail security;

(B) fencing;

(C) maintenance; and

(D) drainage.

(7) A trail operation agreement under which the responsible party agrees to operate the recreational trail. The trail operation agreement must provide that the responsible party shall grant easements to persons who own adjacent property on both sides of the recreational trail permitting those persons to cross the trail in a reasonable fashion given the use of the adjacent property. The following may require inclusion of other provisions in the trail operation agreement considered advisable:

(A) The department of natural resources.

(B) The executive of a county if an ordinance of the legislative body of the county is required to authorize the recreational trail under this chapter.

(C) The executive of a municipality if an ordinance of the legislative body of the municipality is required to authorize the recreational trail under this chapter.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.17.
Ind. Code § 8-14.5-2-7 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-7
Department
Status: in_force

Sec. 7. "Department" refers to the Indiana department of transportation established under IC 8-23-2.

As added by P.L.68-1988, SEC.12. Amended by P.L.18-1990, SEC.125.
Ind. Code § 8-6-7.7-7 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-7
Repealed
Status: repealed

As added by Acts 1980, P.L.74, SEC.65. Repealed by Acts 1981, P.L.41, SEC.75.
Ind. Code § 8-22-3-35 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-35
Sale of aviation land, buildings, or improvements
Status: in_force

Sec. 35. In the event the board of an authority determines to sell part or all of the aviation land, buildings, or improvements owned by the authority, it may enact an ordinance authorizing the sale in accordance with this chapter. The land, buildings, or improvements must be sold as other land, buildings, or improvements of an eligible entity are sold. This section does not apply to an authority that was established under IC 19-6-2 or IC 19-6-3 (before their repeal on April 1, 1980).

[Pre-Local Government Recodification Citation: 19-6-3.5-15.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.3-1990, SEC.45.
Ind. Code § 8-3-1-15 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-15
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.17. As amended by P.L.62-1984, SEC.8. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-6-2.1-15 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-15
Agreements concerning planning and completion of work projects
Status: in_force

Sec. 15. The city, by its board of public works or board of public works and safety, the Indiana department of transportation, the county in which the city is located, by its board of commissioners, and the railroad company or companies whose track or tracks the improvement authorized in this chapter concern, may enter into a written agreement as to the plan of proceeding with the work, the allocation of the portions to be done by the respective parties, the division of cost between railroads, the amount of work to be done annually, the time within which the entire work is to be completed, the method and times of making equitable settlements of the cost between the parties, and any other matters tending to expedite the efficient and economical completion of the improvement. The agreement, however, may not have the effect of increasing the total cost of the improvement above the estimate. The agreement shall be filed with the board and considered a part of the resolution and constitutes the basis of all proceedings on the matters embraced in the agreement.

[Pre-Local Government Recodification Citation: 19-5-14-15.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.156-2020, SEC.39.
Ind. Code § 8-1-8.5-3.4 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-3.4
Inclusion in integrated resource plan of information regarding advanced transmission technologies and utility's transmission and distribution systems
Status: in_force

Sec. 3.4. (a) As used in this section, "advanced transmission technologies" means software or hardware technologies that increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission facility, including:

(1) grid enhancing technologies, such as dynamic line rating, advanced power flow controllers, and topology optimization;

(2) advanced conductors; and

(3) other technologies designed to:

(A) reduce transmission congestion; or

(B) increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission facility.

(b) As used in this section, "electric utility" refers to an electric utility that:

(1) is listed in 170 IAC 4-7-2(a); and

(2) owns and operates a transmission or distribution system.

(c) In any integrated resource plan filed with the commission under 170 IAC 4-7 after December 31, 2025, an electric utility must include a description of the potential use of, or investment in, one (1) or more advanced transmission technologies to enable the electric utility to safely, reliably, efficiently, and cost effectively meet electric system demand, taking into consideration cost, risk, uncertainty, and the alternative investments needed to build new transmission infrastructure if advanced transmission technologies are not deployed.

(d) In any integrated resource plan filed with the commission under 170 IAC 4-7 after December 31, 2029, an electric utility must include a description of the electric utility's transmission and distribution systems, as applicable, as specified by the commission under 170 IAC 4-7.

As added by P.L.10-2025, SEC.1.
Ind. Code § 8-1-6.1-3 — Indiana Code / Title 8 / Article 1 / Chapter 6.1 / Section 8-1-6.1-3
"Electricity supplier"
Status: in_force

Sec. 3. As used in this chapter, "electricity supplier" means a person, other than a municipally owned utility (as defined in IC 8-1-2-1(h)), that:

(1) provides utility service to customers in Indiana; and

(2) is under the jurisdiction of the commission for the approval of rates and charges.

As added by P.L.36-2026, SEC.7.
Ind. Code § 8-15.7-14-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 14 / Section 8-15.7-14-4
Delegation of certain powers to operator
Status: in_force

Sec. 4. For purposes of this article, the department may authorize an operator under a public-private agreement to perform any of its duties under IC 8-15-3-9, IC 8-15-3-16, IC 8-15-3-29, IC 8-15-3-30, and IC 8-15-3-33.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-7-7 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-7
Improvement and changes in use of property; time limit for state action
Status: in_force

Sec. 7. Whenever the department receives notice under section 6 of this chapter, the department has ninety (90) days to purchase the real property affected or commence condemnation proceedings. If at the end of ninety (90) days the department has not entered into a contract for the purchase of the real property or commenced condemnation proceedings, the owner may proceed with the improvement, subdivision, or use if not otherwise prohibited by law.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-1-27-22 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-22
Contract for sale and purchase of coal; effect of chapter
Status: in_force

Sec. 22. (a) This chapter does not give a party to a contract for the sale and purchase of coal any greater rights under a force majeure provision of the contract than the party had before July 1, 1991.

(b) The commission may not implement this chapter in a way that would give a party to a contract for the sale and purchase of coal any greater rights under a force majeure provision of the contract than the party had before July 1, 1991.

(c) This chapter does not give the commission the authority to order a public utility to cancel, terminate, amend, or otherwise modify a contract for the purchase and sale of coal.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-16-1-3 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-3
Repealed
Status: repealed

Formerly: Acts 1939, c.79, s.3. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-1-46-12 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-12
"Rate year"
Status: in_force

Sec. 12. As used in this chapter, "rate year" refers to a particular year in a multi-year rate plan with respect to which:

(1) authorized base rates; and

(2) adjustments to base rates, including adjustments based on an electricity supplier's performance in meeting performance metrics serving as the basis of all applicable PIMs;

are in effect.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-23-20-21 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-21
Powers of political subdivisions
Status: in_force

Sec. 21. A political subdivision may enact and enforce requirements for junkyards and scrap metal processing facilities that are in addition to the requirements of this chapter.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-25-5-5 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-5
Optional provisions of ordinance
Status: in_force

Sec. 5. An ordinance authorizing the issuance of bonds under this chapter or trust indenture under which the bonds are issued may contain the following provisions:

(1) Pledging revenues of the county to secure the payment of the bonds, subject to section 6 of this chapter and existing agreements with bondholders.

(2) Setting aside reserves or sinking funds and the regulation and disposition of these funds.

(3) Limitations on the purposes to which the proceeds from the sale of bonds may be applied.

(4) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds.

(5) The procedure, if any, by which the terms of a contract with bondholders may be amended or abrogated and the manner in which the consent to the amendment or abrogation may be given.

(6) Vesting in a trustee property, rights, powers, and trust as the county fiscal body determines, and limiting or abrogating the right of the bondholders to appoint a trustee or to limit the rights, powers, and duties of the trustee.

(7) Defining acts or omissions that will constitute a default and the obligations or duties of the county fiscal body to the bondholders and providing for the rights and remedies of the bondholders in the event of default. However, the rights and remedies must not be inconsistent with this chapter or other laws of this state.

(8) A covenant that the fiscal body will not repeal or adversely modify the taxes or sources of revenue that are pledged to secure the payment of the bonds.

(9) Any other matter that affects the security or protection of the bondholders.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-4-14-4 — Indiana Code / Title 8 / Article 4 / Chapter 14 / Section 8-4-14-4
Bonds, mortgages, or trust deeds as security
Status: in_force

Sec. 4. (a) Said corporation shall have power to make and issue bonds, bearing any rate of interest, whether fixed or contingent, cumulative or noncumulative, payable at such times and places, and in such amount or amounts, and with such provisions with respect to redemption, sinking fund, maturity, issuance of said bonds in series, and conversion of said bonds into stock of said corporation at any time up to the maturity of said bonds, as it may deem expedient, and to sell and dispose of said bonds at such prices and in such manner as it may deem proper, to secure the payment of any bonds which it may make, issue or assume to pay by mortgage or mortgages or deed or deeds of trust of its railroad, or any part thereof, and of its real and personal property and franchises, and to act as a corporation.

(b) All property of said corporation included in such mortgage or mortgages or deed or deeds of trust, whether then held or thereafter acquired, shall be subject to the operation and lien of such mortgage or mortgages or deed or deeds of trust, and in case of sale under the same, it shall pass to and become vested in the purchaser or purchasers thereof so as to enable them to form a corporation in the manner prescribed in this chapter, and to vest in such corporation all the faculties, powers, authorities, immunities, and franchises conferred by this chapter.

Formerly: Acts 1945, c.202, s.4. As amended by Acts 1981, P.L.11, SEC.48; P.L.136-2018, SEC.93.
Ind. Code § 8-18-8-4 — Indiana Code / Title 8 / Article 18 / Chapter 8 / Section 8-18-8-4
Repealed
Status: repealed

Formerly: Acts 1932(ss), c.16, s.4. As amended by Acts 1933, c.39, s.1. Repealed by Acts 1975, P.L.28, SEC.1.
Ind. Code § 8-1.5-2-10 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-10
Ordinance declaring public convenience and necessity; notice and hearing
Status: in_force

Sec. 10. (a) Before a municipal legislative body adopts an ordinance declaring that public convenience and necessity require the construction or acquisition of a utility as provided by section 7 of this chapter, each public utility furnishing a similar utility service in the municipality, or in the contiguous territory in which the municipality proposes to operate, shall be given ten (10) days notice by the legislative body of the time and place where the hearing will be held. At the hearing, the public utility is entitled to be heard in person or by counsel in opposition to the proposed action.

(b) Notice must be served by delivering a copy to an officer or manager of the public utility in the municipality, if possible, or to an officer of the public utility elsewhere in Indiana.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-14.5-2-11 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-11
Public thoroughfares
Status: in_force

Sec. 11. "Public thoroughfares" means any facilities for the movement of vehicular traffic owned by any governmental entity other than the state.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-14.5-2-4 — Indiana Code / Title 8 / Article 14.5 / Chapter 2 / Section 8-14.5-2-4
Capitalized interest
Status: in_force

Sec. 4. "Capitalized interest" means interest cost on bonds or notes before and during the period of construction of the project for which the bonds or notes were issued, and for a period not to exceed one (1) year after completion of construction.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-23-9-16 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-16
Acceptance of completed work; relief of contractor's liability
Status: in_force

Sec. 16. (a) After complete inspection has been made and it is determined that the work has been done according to plans and specifications, the commissioner of the department may approve and accept completed work in sections of not less than one (1) mile unless otherwise permitted by the contract documents.

(b) When a section of the work has been completed and accepted, the contractor is as fully relieved of all liability for the maintenance, reconstruction, or restoration of the section of the work completed and accepted, or a part of the work, as the contractor would be if the entire contract were finally completed and accepted.

(c) If the contract consists of two (2) or more projects as defined by the department, the commissioner may approve and accept the work of a completed project, and the contractor is relieved of all liability for maintenance, reconstruction, or restoration of the project, or a part of the project, as the contractor would be if the entire contract were finally completed and accepted.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-15.7-1-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 1 / Section 8-15.7-1-2
Public purpose served by certain actions
Status: in_force

Sec. 2. An action, other than an approval by the authority or the department under IC 8-15.7-4, serves the public purpose of this article if the action facilitates the timely development, planning, design, construction, maintenance, repair, rehabilitation, expansion, financing, or operation of a qualifying project.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-9-54 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-54
State highway fund; creation and management
Status: in_force

Sec. 54. (a) To provide funds for carrying out the provisions of this chapter, there is created a state highway fund from the following sources:

(1) All money in the general fund to the credit of the state highway account.

(2) All money that is received from the Department of Transportation or other federal agency and known as federal aid.

(3) All money paid into the state treasury to reimburse the state for money paid out of the state highway fund.

(4) All money provided by Indiana law for the construction, maintenance, reconstruction, repair, and control of public highways, as provided under this chapter.

(5) All money that on May 22, 1933, was to be paid into the state highway fund under contemplation of any statute in force as of May 22, 1933.

(6) All money that may at any time be appropriated from the state treasury.

(7) Any part of the state highway fund unexpended at the expiration of any fiscal year, which shall remain in the fund and be available for the succeeding years.

(8) Any money credited to the state highway fund from the motor vehicle highway account under IC 8-14-1-3(4).

(9) Any money credited to the state highway fund from the highway road and street fund under IC 8-14-2-3.

(10) Any money credited to the state highway fund under IC 6-6-1.1-801.5, IC 6-6-4.1-5, or IC 8-16-1-17.1.

(11) Any money distributed to the state highway fund under IC 8-14-14, IC 8-15.5, or IC 8-15.7.

(b) All expenses incurred in carrying out this chapter shall be paid out of the state highway fund.

As added by P.L.18-1990, SEC.218. Amended by P.L.192-2002(ss), SEC.150; P.L.47-2006, SEC.43.
Ind. Code § 8-1.5-3-1 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to all municipalities, except consolidated cities, that own or operate utilities.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-23-17-20 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-20
Relocation assistance advisory programs; measures, facilities, and services
Status: in_force

Sec. 20. Each relocation assistance advisory program required by section 18 of this chapter shall include measures, facilities, or services as may be necessary or appropriate in order to:

(1) determine the need, if any, of displaced persons for relocation assistance;

(2) provide current and continuing information on the availability, prices, and rentals, of comparable decent, safe, and sanitary sales and rental housing, and of comparable commercial properties and locations for displaced businesses;

(3) assure that, within a reasonable period of time prior to displacement, there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the means of the families and individuals displaced, decent, safe, and sanitary dwellings, as defined by the agency head, equal in number to the number of and available to the displaced persons who require dwellings and reasonably accessible to their places of employment, except that the governor may establish by executive order situations when the assurances may be waived;

(4) assist a displaced person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;

(5) supply information concerning federal or state housing programs, disaster loan programs, and other federal or state programs offering assistance to displaced persons; and

(6) provide other advisory services to displaced persons in order to minimize hardships to the persons in adjusting to relocation.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-21-1-10.5 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-10.5
Airport approval certificates; number of flights
Status: in_force

Sec. 10.5. (a) As used in this section, "hospital" means a facility licensed under IC 16-21.

(b) The provisions of section 10 of this chapter relating to the department's authority to issue certificates of approval for airport sites apply to a landing site operated by a hospital or fire department only if the hospital or fire department regularly receives or dispatches an average of more than one (1) helicopter during seven (7) consecutive days.

(c) The average number of helicopter flights under subsection (b) shall be determined and reviewed on an annual basis.

As added by P.L.105-1993, SEC.1. Amended by P.L.1-1994, SEC.37.
Ind. Code § 8-1-2.7-15 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-15
Revocation or limitation of withdrawal from commission jurisdiction
Status: in_force

Sec. 15. (a) This section applies after a utility has properly withdrawn from commission jurisdiction under this chapter.

(b) The commission shall revoke or limit the withdrawal from the jurisdiction of the commission of a utility if the lesser of:

(1) one hundred (100); or

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

of the utility's customers file, individually or collectively, a verified petition with the commission and prove that the public interest requires the commission to revoke or limit the withdrawal from the jurisdiction of the commission.

(c) A petition may be filed with the commission under this section at any time following the withdrawal of the utility.

As added by P.L.82-1997, SEC.18. Amended by P.L.159-1999, SEC.18.
Ind. Code § 8-1-8.9-19 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-19
SNG property interest; SNG seller contract with energy utility
Status: in_force

Sec. 19. An SNG seller that is an assignee may contract with the energy utility, in the qualified contract or in another contract, for the performance of services related to the sale of substitute natural gas under the qualified contract, including:

(1) the transportation and distribution of substitute natural gas; and

(2) billing, collection, and other related services;

according to terms and conditions that reasonably compensate the energy utility for its services and adequately secure payment to the SNG seller.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-14-12-2 — Indiana Code / Title 8 / Article 14 / Chapter 12 / Section 8-14-12-2
"Historic bridge" defined
Status: in_force

Sec. 2. As used in this chapter, "historic bridge" means a bridge that meets the following requirements:

(1) Is listed on:

(A) the National Register of Historic Places; or

(B) the register of Indiana historic sites and historic structures established under IC 14-21-1.

(2) Is not a covered bridge receiving funding for maintenance under IC 8-14-1-10.

As added by P.L.158-2001, SEC.1.
Ind. Code § 8-3-2-11 — Indiana Code / Title 8 / Article 3 / Chapter 2 / Section 8-3-2-11
Coal in transit; confiscation by carrier
Status: in_force

Sec. 11. When for any reason coal in transit is confiscated by the carrier, immediate notice shall be given both consignor and consignee of such confiscation, and any carrier failing or refusing to give such immediate notice shall, on settlement, pay fifty cents (50 cents) per ton over and above contract-price to consignee for such coal confiscated.

Formerly: Acts 1907, c.231, s.11.
Ind. Code § 8-6-2.1-11 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-11
Options to purchase land; appraisals
Status: in_force

Sec. 11. (a) When the land or any part of it is to be acquired by purchase, the resolution shall also state the maximum proposed cost, and the board may at any time prior to the adoption of the resolution obtain from the owner or owners of the land an option for its purchase, or the board may enter into a contract for the purchase of the land upon the terms and conditions the board considers best. The option or contract is subject to final confirmation or rescission of the resolution, and subject further to the condition that the land be paid for only out of the special fund resulting from the sale of grade separation district bonds and the collection of benefit assessments, or out of funds coming to the city from equitable settlements between the parties. If the board desires to acquire any lots or parcels of land by purchase, it shall appoint:

(1) one (1) freeholder residing in the city, or in the county in which the city is located; and

(2) two (2) appraisers licensed under IC 25-34.1;

who are residents of Indiana, who are not interested in any land to be acquired or in land which may incur local benefits under such resolution, to appraise the value of the land. One (1) of the appraisers appointed under subdivision (2) must reside not more than fifty (50) miles from the property. The appraisers shall take an oath that they have no interest in the matter and that they will honestly and impartially make the valuation. The appraisers shall then proceed to view the land and consider and determine its true market value at that time.

(b) The appraisers shall submit a written report of their appraisement to the board and the report shall be filed with and become a part of the record of the proceeding. The board may not exercise any option on the land or enter into a contract to purchase the land at a higher price than the value named in the report.

[Pre-Local Government Recodification Citation: 19-5-14-11.]

As added by Acts 1980, P.L.8, SEC.70. Amended by P.L.113-2006, SEC.6.
Ind. Code § 8-15.5-3.5-3 — Indiana Code / Title 8 / Article 15.5 / Chapter 3.5 / Section 8-15.5-3.5-3
Responses to request for information confidential; identity of person submitting response is public record
Status: in_force

Sec. 3. A response to a request for information is confidential unless, and only to the extent that, the person who submits the response waives confidentiality in writing. The identity of the person submitting the response is a public record.

As added by P.L.217-2017, SEC.71.
Ind. Code § 8-1-1.1-7 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-7
Advisory council
Status: in_force

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

Sec. 7. (a) There is created the advisory council to the office of the utility consumer counselor. The council consists of nine (9) members. Each Indiana congressional district must be represented by at least one (1) individual appointed under this section who is a resident of that congressional district. However, the reduction in membership of the council from ten (10) members to nine (9) shall be accomplished as the terms of members end and new members are appointed. Until the expiration of the term of a member who is serving on the council on January 1, 2014, and resides in the same congressional district as another member, the council consists of ten (10) members.

(b) Members of the council, including those filling vacancies occurring in the council membership, shall be appointed by the governor. All members shall be appointed to a term of four (4) years, except those who have been appointed to fill a vacancy in the council whose term will be the unexpired portion of the term. All members shall serve until their successor has been duly appointed and qualified.

(c) The membership shall be representative of the various sectors of Indiana economy, including, but not limited to: agriculture, business and industry, labor, and local government.

(d) The members shall annually elect of themselves a chairman.

(e) Members are entitled to receive per diem and travel expense reimbursement at the standard rates provided for state employees for expenses they incur in the performance of their duties under this chapter subject to the approval of the consumer counselor.

As added by Acts 1981, P.L.104, SEC.3. Amended by Acts 1982, P.L.1, SEC.23; P.L.170-2002, SEC.56; P.L.53-2014, SEC.74.
Ind. Code § 8-1-30.9-3 — Indiana Code / Title 8 / Article 1 / Chapter 30.9 / Section 8-1-30.9-3
"Water utility"
Status: in_force

Sec. 3. 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 compensation.

As added by P.L.99-2025, SEC.1.
Ind. Code § 8-23-32-11 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-11
Operation of worksite speed control systems
Status: in_force

Sec. 11. (a) The department shall operate a worksite speed control system installed under this chapter only when:

(1) highway construction or maintenance is occurring; and

(2) workers are present;

at a worksite.

(b) The department may purchase not more than four (4) worksite speed control systems under the pilot program.

(c) The department may operate and monitor not more than four (4) worksites in a single calendar year.

(d) Before installing a worksite speed control system, the department shall do the following:

(1) Conduct a public information campaign to inform drivers about the use of a worksite speed control system to detect speeds in excess of a worksite speed limit.

(2) Post signs indicating that worksite speed limits are monitored by a worksite speed control system before the entrance to a worksite in which a worksite speed control system is in use.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-14.5-6-14 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-14
Security registration exemption
Status: in_force

Sec. 14. Bonds or notes issued under this chapter are exempt from the registration requirements of IC 23-19 and any other state securities registration statutes.

As added by P.L.68-1988, SEC.12. Amended by P.L.27-2007, SEC.7.
Ind. Code § 8-1-38-2 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-2
"Incumbent electric transmission owner"
Status: in_force

Sec. 2. As used in this chapter, "incumbent electric transmission owner" means a public utility that owns, operates, and maintains an electric transmission facility in whole or in part in Indiana.

As added by P.L.174-2013, SEC.1.
Ind. Code § 8-23-20-6 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-6
Prohibited signs
Status: in_force

Sec. 6. The following signs may not be erected or maintained in an adjacent area:

(1) Signs that are illegal under state statutes or rules.

(2) Signs not securely affixed to a substantial structure.

(3) Signs that attempt or appear to attempt to regulate, warn, or direct the movement of traffic or that interfere with, imitate, or resemble an official traffic sign, signal, or device.

(4) Signs erected or maintained upon trees, or painted or drawn upon rocks or other natural features.

(5) Signs that are not consistent with this chapter.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-15.7-16-1 — Indiana Code / Title 8 / Article 15.7 / Chapter 16 / Section 8-15.7-16-1
Application of definitions
Status: in_force

Sec. 1. The definitions in IC 3-5-2.1 apply to this chapter to the extent they do not conflict with the definitions in this article.

As added by P.L.47-2006, SEC.40. Amended by P.L.186-2025, SEC.80.
Ind. Code § 8-20-1-10 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-10
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.10. As amended by P.L.353-1983, SEC.10. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-3-17-3.5 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-3.5
Educational and training requirements
Status: in_force

Sec. 3.5. (a) All railroad police commissioned under this chapter shall, within one (1) year of their commissioning, successfully complete all educational and training requirements established by rule of the Indiana department of transportation.

(b) Any newly commissioned railroad policeman who has had previous law enforcement experience and schooling which exceeds the training requirements established by the Indiana department of transportation may, upon proof of the policeman's previous experience and training, obtain a waiver of the training requirements imposed by this section.

Formerly: Acts 1975, P.L.80, SEC.2. As amended by P.L.384-1987(ss), SEC.43; P.L.18-1990, SEC.51.
Ind. Code § 8-4.5-5-20 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-20
Revocation or repayment of funds
Status: in_force

Sec. 20. The board may revoke funding commitments or seek repayment of funds loaned or granted, or take both actions, if any of the following are true:

(1) The terms of the project agreement have not been fulfilled.

(2) The department of natural resources finds that the application contained inaccuracies, omissions, errors, or misrepresentations.

(3) The time schedule for project completion was misrepresented or has not been maintained.

(4) The authority fails to comply with section 4(a)(7) of this chapter.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1-2.2-5 — Indiana Code / Title 8 / Article 1 / Chapter 2.2 / Section 8-1-2.2-5
Sale of capacity or output by a municipality
Status: in_force

Sec. 5. Sale of Capacity or Output by a Municipality. Whenever a municipality has capacity or output derived from its ownership share of a project or otherwise in excess of its current needs or which cannot be economically utilized immediately, it may sell or exchange the excess capacity or output, by agreement, to any municipality owning electric distribution facilities, to any joint agency, or to any public utility. Sales of excess capacity or output of a project to public utilities shall not be made in such amounts, for such periods of time, and under such conditions as will cause the interest on bonds issued to finance the cost of a project to become taxable by the federal government.

As added by Acts 1980, P.L.68, SEC.1. Amended by P.L.36-2017, SEC.2.
Ind. Code § 8-14-16-4 — Indiana Code / Title 8 / Article 14 / Chapter 16 / Section 8-14-16-4
Establishment of funds
Status: in_force

Sec. 4. (a) Each county, city, or town that receives a distribution under section 3 of this chapter shall establish a local major moves construction fund.

(b) The fund consists of money distributed to the county, city, or town from the major moves construction fund under section 3 of this chapter.

(c) The fiscal officer of the county, city, or town shall administer the fund.

(d) Subject to subsection (f), the fiscal body of the county, city, or town may appropriate money in the fund for a purpose described in section 5 of this chapter. The appropriations of money in the fund must be included as a part of the annual budget for the calendar year in accordance with IC 6-1.1-17.

(e) Money remaining in the fund at the end of a particular calendar year remains in the fund and does not revert to any other fund.

(f) A county fiscal body must consult with the county executive before making an appropriation under this section.

As added by P.L.47-2006, SEC.7.
Ind. Code § 8-3-17-7 — Indiana Code / Title 8 / Article 3 / Chapter 17 / Section 8-3-17-7
Certificate; issuance of commission
Status: in_force

Sec. 7. Upon the issuance of a commission to any policeman, as provided for in this chapter, the Indiana department of transportation shall also issue to that policeman a certificate certifying that the commission has been issued, giving the name of the policeman commissioned, the name of the railroad company that policeman represents, and designating the date on which the commission was issued. The certificates shall be of the form, size, and description as the department may determine.

Formerly: Acts 1927, c.18, s.7; Acts 1975, P.L.80, SEC.4. As amended by P.L.384-1987(ss), SEC.45; P.L.18-1990, SEC.53.
Ind. Code § 8-6-7.6-1.5 — Indiana Code / Title 8 / Article 6 / Chapter 7.6 / Section 8-6-7.6-1.5
Definitions
Status: in_force

Sec. 1.5. The following definitions apply throughout this chapter:

(1) "Field side" means the side of a rail pointing away from a track.

(2) "Maximum authorized speed limit" means the maximum speed limit authorized under Federal Railroad Administration track classifications and safety standards.

(3) "Passive warning device" means a crossbuck assembly with a yield or stop sign installed in accordance with the Indiana Manual on Uniform Traffic Control Devices.

(4) "Public rail-highway grade crossing" means any location where a public highway, street, or road crosses one (1) or more railroad tracks at grade.

(5) "Right-of-way" means the right-of-way at a public rail-highway grade crossing that is controlled by a railroad.

(6) "Train-activated warning device" means a train-activated warning device or other active traffic control device installed in accordance with the Indiana Manual on Uniform Traffic Control Devices.

As added by P.L.198-2016, SEC.65.
Ind. Code § 8-1-13-41 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-41
Violations of chapter; findings; just and reasonable orders to be made
Status: in_force

Sec. 41. Whenever, upon the investigation made under this chapter, the commission finds any regulations, measurements, practices, acts, or services are unjust, unreasonable, unwholesome, unsanitary, unsafe, insufficient, preferential, unjustly discriminatory, or otherwise in violation of this chapter, or finds that any service is inadequate or that any service which can be reasonably demanded cannot be obtained, the commission shall determine and by order fix just and reasonable measurements, regulations, acts, practices, or service to be furnished, imposed, observed, and followed in the future in lieu of those found to be unjust, unreasonable, unwholesome, unsanitary, unsafe, insufficient, preferential, unjustly discriminatory, inadequate, or otherwise in violation of this chapter. In addition, the commission shall make other orders concerning the measurement, regulation, act, practice, or service as are just and reasonable.

As added by P.L.121-1987, SEC.18.
Ind. Code § 8-1-2-64 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-64
Witnesses; depositions
Status: in_force

Sec. 64. The commission, or any party, may, in any investigation, cause the depositions of witnesses residing without the state to be taken in the manner prescribed by law for like depositions in civil actions in circuit courts.

Formerly: Acts 1913, c.76, s.67.
Ind. Code § 8-23-12-2 — Indiana Code / Title 8 / Article 23 / Chapter 12 / Section 8-23-12-2
Long-range construction program
Status: in_force

Sec. 2. The department shall prepare, formally adopt, and publish a long-range program of its future activities with regard to the construction of highways under its jurisdiction. The sufficiency rating principle shall be applied, as far as it is practicable, in determining the projects to be included in the long-range construction program and may be applied by districts. The long-range program must contain an estimate of revenues that will become available during that period and a statement of intention with respect to the construction and other related work to be done.

As added by P.L.18-1990, SEC.221.
Ind. Code § 8-1-2-113 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-113
Commission's recommendation to governor to declare disaster emergency or state energy emergency; commission's alteration, amendment, or suspension of rates or services; limitations
Status: in_force

Sec. 113. (a) Subject to subsections (b) and (c), the commission may, when it considers it necessary to prevent injury to the business or interests of the people of, or any public utility operating in, Indiana in the event of any emergency that results from:

(1) a national economic depression;

(2) an act of war; or

(3) a disaster of unprecedented size and destructiveness resulting from manmade or natural causes;

recommend that the governor declare a disaster emergency under IC 10-14-3-12 or proclaim a state of energy emergency under IC 10-14-3-13, as applicable, during which the commission may temporarily alter, amend, or with the consent of the public utility concerned, suspend any existing rates, service, practices, schedules, or orders relating to or affecting any public utility or part of any public utility operating in Indiana. The alterations, amendments, or suspensions of the rates, service, schedules, or practices made by the commission may apply to one (1) or more of the public utilities operating in Indiana, as directed by the commission, and take effect at the time and remain in force only for the duration of the disaster emergency or the energy emergency, as applicable.

(b) The declaration of a disaster emergency by the governor upon the recommendation of the commission under subsection (a) is subject to:

(1) the time limitations set forth in IC 10-14-3-12(b); and

(2) termination by the general assembly under IC 10-14-3-12(c).

(c) The proclamation of a state of energy emergency by the governor upon the recommendation of the commission under subsection (a) is subject to:

(1) the time limitation set forth in IC 10-14-3-13(c); and

(2) approval by the general assembly under IC 10-14-3-13(d) with respect to a second or subsequent renewal of the proclamation.

Formerly: Acts 1913, c.76, s.122; Acts 1947, c.315, s.1. As amended by P.L.37-1989, SEC.3; P.L.1-1990, SEC.102; P.L.93-2024, SEC.65; P.L.36-2026, SEC.4.
Ind. Code § 8-17-3-7 — Indiana Code / Title 8 / Article 17 / Chapter 3 / Section 8-17-3-7
Repealed
Status: repealed

Formerly: Acts 1933, c.27, s.7; Acts 1975, P.L.34, SEC.6. As amended by P.L.86-1988, SEC.112. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-17-8-1 — Indiana Code / Title 8 / Article 17 / Chapter 8 / Section 8-17-8-1
Preparation of map; purchase and installation of signs
Status: in_force

Sec. 1. (a) The plan commission having jurisdiction over the unincorporated area of the county, or if the unincorporated area of the county is not subject to the jurisdiction of a plan commission, the county executive, may authorize the preparation of maps depicting the county roads either by name or number.

(b) The county executive may authorize the purchase and installation of signs showing the number or name of the county road as depicted on the maps.

Formerly: Acts 1953, c.28, s.1. As amended by P.L.86-1988, SEC.135; P.L.119-1989, SEC.1.
Ind. Code § 8-23-15-1 — Indiana Code / Title 8 / Article 23 / Chapter 15 / Section 8-23-15-1
Mileage and use inventories
Status: in_force

Sec. 1. The department shall periodically inventory the mileage and use of the local road systems under the jurisdiction of the counties and the street systems under the jurisdiction of municipalities.

As added by P.L.18-1990, SEC.224.
Ind. Code § 8-1-2-23.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-23.5
Public utility may seek approval of plan to develop future source of water supply; treatment of cost for ratemaking purposes
Status: in_force

Sec. 23.5. (a) A public utility that provides water utility service may file a petition with the commission to seek approval of a plan to develop a future source of water supply. Any plan submitted must include a completion date by which the public utility will place the future source of water supply into service. The completion date may not be later than fifteen (15) years after the date on which the plan is submitted. The public utility's plan must include:

(1) the public utility's timetable for placement in service of the future source of supply;

(2) the cost of the source of supply;

(3) the need for a new source of supply within the public utility's timetable;

(4) the availability of alternatives to the proposed source of supply; and

(5) the need to secure property rights to preserve and protect the planned future source of supply.

The commission shall approve the public utility's plan if the commission finds that the plan is reasonable and prudent for the provision of safe and reliable service.

(b) In general rate cases, following approval of a public utility's plan under this section, the commission shall for ratemaking purposes add to the value of the public utility's property under section 6 of this chapter the public utility's actual cost not to exceed the cost presented to the commission under subsection (a) as expenditures incurred for land, studies, development costs, and construction in developing a future source of water supply even though the source of supply is not yet used and useful in the provision of service. If the public utility's actual cost exceeds the cost presented to the commission under subsection (a), the additional costs shall be included once the source of water supply is in service if the commission finds that the additional costs were prudently incurred.

(c) If a public utility has an approved plan under this section and the public utility has not placed the source of water supply into service before the date set forth to the commission in the public utility's timetable under subsection (a), the following apply:

(1) Subsection (b) does not apply, unless the public utility obtains the commission's approval for amendment of the public utility's plan to extend the timetable. The commission shall consider the elements listed in subsection (a) in determining whether to approve the amendment of the plan.

(2) The commission shall establish a refund procedure to restore to ratepayers all payments that the public utility collected under subsection (b), with interest, and shall remove the value added to the public utility's property under subsection (b), unless an extension is approved under subdivision (1).

As added by P.L.91-2017, SEC.3.
Ind. Code § 8-2.1-22-17 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-17
Repealed
Status: repealed

As added by P.L.99-1989, SEC.13. Repealed by P.L.205-2025, SEC.35.
Ind. Code § 8-10-1-2 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-2
Definitions
Status: in_force

Sec. 2. As used in this chapter, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

(a) The word "commission" shall mean the commission created by section 3(b) of this chapter, or, if said commission shall be abolished, the board, body or commission succeeding to the principal functions thereof, or to whom the powers given by this chapter to the commission shall be given by law.

(b) The word "port" shall include any combination of:

(1) any place or places on Lake Michigan, the Ohio River, the Wabash River, or other water bodies, natural or artificial, in which water-borne vessels capable of carrying articles of commerce over navigable bodies of water may be loaded, unloaded, or accommodated; and

(2) nonmaritime port and traffic exchange points throughout Indiana for the transfer of goods and passengers between all modes of transportation.

(c) The word "project" shall include:

(1) any facilities, adjuncts, and appurtenances necessary or useful to operate a modern port, whether or not permanently situated at the port, including:

(A) the dredging of approaches to a port; and

(B) breakwaters, inner harbors, outer harbors, channels, canals, turning basins, docks, wharves, piers, quays, slips, loading, unloading, handling and storage equipment, warehouses, refrigerating plants and equipment, elevators for the handling and storage of grain, coal and other bulk commodities, terminal buildings or facilities, railroad equipment and trackage, roadways, airplane landing fields, parking lots, garages, automotive equipment, tugs, ferries, maintenance and construction vessels, communication systems, sewers, drains, works for the treatment of sewage, garbage and wastes, and the furnishing of utility service necessary to serve the property under the jurisdiction or control of the ports of Indiana and other buildings and facilities which the ports of Indiana may deem necessary for the operation of the port; and

(2) any other project located in Indiana, other than at a port, that the ports of Indiana finds will enhance, foster, aid, provide, or promote economic development, public-private partnerships, and other industrial, commercial, business, and transportation purposes.

(d) The word "cost" as applied to a port or project means:

(1) the cost of construction;

(2) the cost of acquisition of all land, rights-of-way, property, rights, easements and interests, including lands under water and riparian rights acquired by the ports of Indiana for construction;

(3) the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which buildings or structures may be moved;

(4) the cost of relocating public roads;

(5) the cost of land or easements for roads;

(6) the cost of all machinery and equipment;

(7) financing charges;

(8) interest prior to and during construction and for not exceeding two (2) years after the estimated date of completion of construction;

(9) the cost of engineering and legal expenses, plans, specifications, surveys, and estimates of cost, traffic and revenues;

(10) other expenses necessary or incident to determining the feasibility or practicability of constructing any such project;

(11) administrative expense;

(12) other expenses as may be necessary or incident to the acquisition or construction of the project, the financing of the acquisition or construction, and the placing of the project in operation, including the amount authorized in the resolution of the commission providing for the issuance of revenue bonds to be paid into any special funds from the proceeds of the bonds; and

(13) any obligation, cost, or expense incurred by any governmental agency or person for surveys, borings, the preparation of plans and specifications, and other engineering services, or any other cost described in this section that is incurred in connection with the acquisition or construction of a project may be regarded as part of the cost of the project and may be reimbursed out of the proceeds of revenue bonds as authorized by this chapter.

(e) The word "owner" shall include all individuals, copartnerships, associations, or corporations having any title or interest in any property, rights, easements, and other interests authorized to be acquired by this chapter.

(f) The word "revenues" shall mean all fees, tolls, rentals, gifts, grants, moneys, and all other funds coming into the possession or under the control of the ports of Indiana by virtue of the terms and provisions of this article, but shall not include real property or personal property other than money, nor the proceeds from the sale of bonds issued under provisions of this chapter.

(g) The word "public roads" shall include all public highways, roads, and streets in the state, whether maintained by the state, county, city, township, or other political subdivision.

(h) "Ports of Indiana" means the ports of Indiana created by section 3(a) of this chapter.

Formerly: Acts 1961, c.11, s.2; Acts 1965, c.224, s.2; Acts 1969, c.387, s.2; Acts 1971, P.L.88, SEC.2. As amended by P.L.224-2003, SEC.202 and P.L.271-2003, SEC.2; P.L.98-2008, SEC.10.
Ind. Code § 8-25-5-9 — Indiana Code / Title 8 / Article 25 / Chapter 5 / Section 8-25-5-9
Use of bond proceeds
Status: in_force

Sec. 9. Money received from the bonds issued under this chapter shall be applied solely to the purposes for which the bonds were issued, except as provided in IC 5-1-13 and IC 5-1-14.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-25-2-7 — Indiana Code / Title 8 / Article 25 / Chapter 2 / Section 8-25-2-7
Certification of election results on public question
Status: in_force

Sec. 7. After an election on the local public question, the circuit court clerk of the county shall:

(1) make a certified copy of the election returns; and

(2) not later than five (5) days after the election, file the copy with:

(A) the department of state revenue; and

(B) the fiscal body of the county.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-2.1-22-4 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-4
Inspection of books, equipment, and premises; examination of officers, agents, or employees; rules for vehicle inspection; complaints
Status: in_force

Sec. 4. (a) The department, any member of the department or any authorized representative of the department, may:

(1) upon demand, inspect the books, accounts, papers, records, memoranda, equipment, and premises of any common carrier or contract carrier;

(2) examine, under oath, any officer, agent, or employee of the common carrier or contract carrier in relation to its business affairs; and

(3) adopt rules for inspection of motor vehicles used by common carriers or contract carriers or brokers.

(b) Upon complaint in writing filed with the department or upon the department's own initiative without complaint, the department may investigate whether any person subject to this chapter has failed to comply with this chapter or with any requirement established under this chapter. If the department finds, upon the investigation, that the person has failed to comply with any provision or requirement, the department shall notify the common or contract carrier, in a manner prescribed by the department, to compel compliance.

As added by P.L.99-1989, SEC.13. Amended by P.L.205-2025, SEC.27.
Ind. Code § 8-23-6-4 — Indiana Code / Title 8 / Article 23 / Chapter 6 / Section 8-23-6-4
Business routes; improvement and maintenance
Status: in_force

Sec. 4. Whenever:

(1) the department designates a business route or a special route as an alternate to a state highway;

(2) the route is laid out through a city or town; and

(3) no other state highway is routed over the business or alternate route;

the city or town is responsible for any improvements to or maintenance of the street.

As added by P.L.18-1990, SEC.215.
Ind. Code § 8-2.1-22-25 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-25
Contract carriers; new service or reduced charge; hearing; suspension
Status: in_force

Sec. 25. (a) This section applies whenever there is filed with the department by the contract carrier any schedule or contract stating a charge for a new service or a reduced charge directly, or by means of any rule or practice, for the transportation of passengers or household goods in intrastate commerce.

(b) Upon complaint of interested parties or upon its own initiative at once and, if it so orders, without answer or other formal pleading by the interested party, but upon reasonable notice, the department may enter upon a hearing concerning the lawfulness of the charge, rule, or practice. Pending the hearing and the decision on the complaint, the department, by filing with the schedule and delivering to the carrier affected thereby a statement in writing of its reasons for the suspension, may from time to time suspend the operation of the schedule and defer the use of the charge, rule, regulation, or practice, but not for a longer period than one hundred eighty (180) days beyond the time when it would otherwise go into effect. After hearing, whether completed before or after the charge, or rule or practice goes into effect, the department may make the order with reference thereto as would be proper in a proceeding instituted after it had become effective.

(c) If the proceeding has not been concluded and an order made within the period of suspension, the proposed change in any charge or rule, regulation, or practice goes into effect at the end of the period.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.20.
Ind. Code § 8-1-46.1-5 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-5
"Grease interceptor"
Status: in_force

Sec. 5. As used in this chapter, "grease interceptor" means an exterior or underground watertight receptacle that is designed to intercept and retain:

(1) fats;

(2) oils;

(3) grease; and

(4) food solids;

from high volume wastewater flows before the wastewater is discharged into a sewer system.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-23-9.5-1 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-1
Contracts for delivery of certain projects; rules; liability
Status: in_force

Sec. 1. (a) This chapter authorizes the department to enter into a contract for delivery of certain projects by a construction manager general contractor or a progressive design-builder.

(b) The department may adopt rules under IC 4-22-2 to implement this chapter.

(c) This chapter does not limit or eliminate the responsibility or liability imposed by Indiana law on a person providing services to the department under this chapter.

As added by P.L.60-2023, SEC.2. Amended by P.L.93-2024, SEC.87.
Ind. Code § 8-17-5-12 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-12
Construction of chapter
Status: in_force

Sec. 12. This chapter shall not be construed as abolishing the office or employment of county highway supervisors; provided, that the respective boards of county commissioners may provide for the county highway engineer to serve also as the county highway supervisor.

Formerly: Acts 1963, c.131, s.12. As amended by P.L.66-1984, SEC.101.
Ind. Code § 8-1-11.1-25 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-25
Revenue obligations; eligible investments; deposit of securities
Status: in_force

Sec. 25. Any revenue obligations issued pursuant to the provisions of this chapter shall be eligible investments for the funds of any kind or character of every financial institution, insurance company or private trust, and such obligations shall be eligible for deposit by any financial institution, insurance company or trustee under any law of this state providing for the deposit of securities or funds.

[Pre-Local Government Recodification Citation: 19-3-24-25.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-1.5-4-1.5 — Indiana Code / Title 8 / Article 1.5 / Chapter 4 / Section 8-1.5-4-1.5
Certain municipalities operating a waterworks through a department before January 1, 1982
Status: in_force

Sec. 1.5. (a) A municipality having and operating a waterworks through a department of waterworks before January 1, 1982, under IC 19-3-15 (before its repeal on January 1, 1983) or under IC 19-3-27 (before its repeal on January 1, 1983) shall be deemed to have established a department of waterworks, as authorized by section 2 of this chapter, having the same number of board members as the board operating before January 1, 1982, and having the same powers, obligations, and duties as would be the case if the legislative body of the municipality had adopted an ordinance doing so before January 1, 1983, in accordance with Acts 1982, P.L.74, SECTION 5(b).

(b) Except as provided in subsection (c), the board of directors of the department of waterworks shall operate as both the board and the municipal legislative body for the purposes of IC 8-1.5-3-4 and IC 8-1.5-3-8.

(c) This subsection applies to water utilities that have been removed from the jurisdiction of the Indiana utility regulatory commission under IC 8-1.5-3-9.1 after June 30, 1991. The board of directors of the department of waterworks shall operate as the board for the purposes of IC 8-1.5-3-4 and IC 8-1.5-3-8.

As added by P.L.105-1983, SEC.3. Amended by P.L.16-1984, SEC.7; P.L.3-1990, SEC.29; P.L.56-1992, SEC.1.
Ind. Code § 8-4-16-3 — Indiana Code / Title 8 / Article 4 / Chapter 16 / Section 8-4-16-3
Vesting of rights, privileges, and franchises in new or surviving company; bond
Status: reserved

Sec. 3. Upon the consummation of such consolidation or merger, all the rights, privileges, exemptions, and franchises of each of the companies, parties to the same, and all the property, real, personal, and mixed, and all the debts due on whatever account to any of them, as well as all stock subscriptions and other things in action belonging to any of them, shall be taken and deemed to be transferred to and vested in, or to remain vested in, such new or surviving company, without further act or deed; and all claims, demands, property, rights of way, and every other interest shall be as effectually the property of the new or surviving company as they were formerly of the companies parties to such consolidation or merger; and the title to all real estate, acquired by deed or otherwise, under the laws of this state, vested in any of such companies, parties to such consolidation or merger, shall not be deemed to revert or be in any way impaired by reason of this chapter or anything done by virtue thereof, but shall be or remain vested in the new or surviving company by virtue of such consolidation or merger. And it shall be lawful for any railroad company formed on or after June 7, 1937, by the consolidation of one (1) or more railroad companies organized under the laws of this state, or under the laws of this state and any other state or states, with one (1) or more railroad companies or corporations organized under the laws of any other state, or the laws of this state and any other state or states, or in the case of a merger of any such companies for the surviving company, to issue its bonds for the purpose of paying or retiring any bonds theretofore issued by any of said companies parties to such consolidation or merger, or for any purpose and to the amount authorized by the laws of the state or states under which any of said companies was organized, and to secure the same by mortgage upon its real or personal property, or both, franchises, rights, and privileges, whether within or without this state, and subject to the remedies for the enforcement of the same under the laws of any of said states. Any such consolidated or surviving company shall have the same right as any other railroad company organized under the laws of this state to confer on the holders of any bonds issued by it the right to convert the same into capital stock of the company. Nothing in this chapter shall be construed to compel any bondholder to accept payment in whole or in part for any bond or bonds held by him or to surrender the same before they shall become due.

Formerly: Acts 1937, c.59, s.3. As amended by P.L.62-1984, SEC.72.
Ind. Code § 8-15.5-3.5-4 — Indiana Code / Title 8 / Article 15.5 / Chapter 3.5 / Section 8-15.5-3.5-4
Action not required
Status: in_force

Sec. 4. An issuer of a request for information is not required to take any action after receiving a response to a request for information.

As added by P.L.217-2017, SEC.71.
Ind. Code § 8-21-4-3 — Indiana Code / Title 8 / Article 21 / Chapter 4 / Section 8-21-4-3
Ownership of air space
Status: in_force

Sec. 3. The ownership of the space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight described in section 4 of this chapter.

Formerly: Acts 1927, c.43, s.3. As amended by P.L.66-1984, SEC.142.
Ind. Code § 8-2.1-22-27 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-27
Repealed
Status: repealed

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.21; P.L.136-2018, SEC.80. Repealed by P.L.205-2025, SEC.40.
Ind. Code § 8-1-2-87.7 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-87.7
Gas utilities; tariffs; reasonableness factors
Status: in_force

Sec. 87.7. (a) The commission may, on its own motion or upon petition of any customer, and after appropriate notice and hearing, order any gas utility subject to its jurisdiction to file or change one (1) or more gas transportation tariffs to better meet the needs of the utility's customers.

(b) The commission shall determine and set reasonable rates, terms, and conditions in the tariffs. In determining what is reasonable, the commission may consider the following:

(1) The cost of providing the transportation service according to generally accepted cost of service principles.

(2) The effects of the service on the consumers to whom it would be available.

(3) The effects of the service on the industrial development of the state.

(4) The effects of the transportation rate upon current customers of the utility.

(5) The extent to which a transportation rate will aid the utility in retaining its existing load or create opportunities to lower the cost of gas supplies purchased on behalf of all ratepayers.

(6) Whether or not the proposed tariff is a negotiated tariff between the utility and its customers.

(7) The extent to which the availability of transportation services under the proposed tariff is restricted.

(8) Any other factors bearing upon the tariff resulting from decisions of the Federal Energy Regulatory Commission, other rulings of the commission, or applicable case law.

(9) The effect of contract obligations on the utility relating to unavoidable gas costs for which the utility will be responsible.

(10) Whether or not the amount of transportation offered under the proposed tariff is limited other than for reasons necessitated by operational constraints.

(11) Any other factors the commission considers appropriate.

As added by P.L.117-1987, SEC.1.
Ind. Code § 8-23-9-2 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-2
Rejection of proposals
Status: in_force

Sec. 2. The commissioner may reject any and all proposals for cause.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1-2.4-3 — Indiana Code / Title 8 / Article 1 / Chapter 2.4 / Section 8-1-2.4-3
Participation of utilities; encouragement
Status: in_force

Sec. 3. The commission shall encourage the participation of utilities in alternate energy production facilities, cogeneration facilities, small hydro facilities, and private generation projects.

As added by Acts 1982, P.L.72, SEC.1. Amended by P.L.222-2014, SEC.3.
Ind. Code § 8-4.5-5-5 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-5
Eligibility criteria
Status: in_force

Sec. 5. A proposed project must meet all of the following eligibility criteria:

(1) The project must be part of a local, an areawide, a regional, or a statewide plan.

(2) The trail route must be designed in a reasonably safe manner and to allow enjoyment of scenic views or points of historical interest. The route may use:

(A) existing roads, streets, or parkways if the normal flow of motor vehicle traffic will not be hindered;

(B) abandoned railroad corridors;

(C) water corridors, such as river levees and canal tow-paths;

(D) utility corridors; or

(E) new rights-of-way, if necessary.

(3) The project must include a contribution of at least twenty percent (20%) matching funds. Matching funds must be from sources other than the program. Matching funds may not include other grants from state agencies or the provision of in kind services. The value of donated real property may be used to satisfy the matching fund requirement if both of the following apply:

(A) The real property is donated after the board's funding commitment.

(B) The value is based on a real estate appraisal acceptable to the department of natural resources. The appraisal is subject to review and approval by the department of natural resources after a funding commitment has been made.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-10-1-28 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-28
Repealed
Status: repealed

Formerly: Acts 1961, c.11, s.28. As amended by P.L.66-1984, SEC.13. Repealed by P.L.1-1989, SEC.75.
Ind. Code § 8-1-26.5-4 — Indiana Code / Title 8 / Article 1 / Chapter 26.5 / Section 8-1-26.5-4
"Contractor"
Status: in_force

Sec. 4. As used in this chapter, "contractor" means an entity under contract with:

(1) a communications service provider; or

(2) a utility;

to perform one (1) or more excavations (as defined in IC 8-1-26-6) or demolitions (as defined in IC 8-1-26-5) in Indiana.

As added by P.L.93-2018, SEC.1.
Ind. Code § 8-23-5-2 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-2
Construction and reconstruction at railroad crossings; costs
Status: in_force

Sec. 2. (a) If a highway or road is being constructed or reconstructed so that it crosses or intersects the existing tracks of a railroad at grade level at a point where no crossing previously existed, the department, county, city, or town under whose jurisdiction the crossing lies shall pay the cost of the construction of the new crossing, the approaches to the crossing, and the cost of the necessary protective or crossing warning signals. After construction, the owner or lessee of the railroad shall maintain the crossing and protective or crossing warning signals and keep them in repair at the owner's or lessee's cost.

(b) If the owner or lessee of a railroad is constructing or reconstructing railroad tracks so that the tracks cross or intersect a highway or road at grade level at a point where no railroad crossing previously existed, the owner or lessee of the railroad shall pay the cost of the construction of the new crossing, the approaches to the crossing, and the cost of the necessary protective or crossing warning signals. After construction, the owner or lessee of the railroad shall maintain the crossing and protective or crossing warning signals and keep them in repair at the owner's or lessee's cost.

(c) If a highway or road crosses or intersects the tracks of a railroad at grade level and the highway or road is reconstructed to alter the existing crossing or intersection by a change of grade, widening or changing the type of pavement, or by changing the angle of the intersection, the department, county, city, or town under whose jurisdiction the crossing lies shall pay the cost of the reconstruction of the crossing, the approaches to the crossing, and the cost of the necessary protective or crossing warning signals. After reconstruction, the owner or lessee of the railroad shall maintain the crossing and protective or crossing warning signals and keep them in repair at the owner's or lessee's cost.

(d) If the owner or lessee of a railroad reconstructs or alters the tracks of a railroad that crosses or intersects a highway or road at grade level so that it is necessary to reconstruct or alter the crossing or intersection, the owner or lessee of the railroad shall pay the cost of the reconstruction or altering of the crossing, the approaches to the crossing, and the cost of the necessary protective or crossing warning signals. After construction, the owner or lessee of the railroad shall maintain the crossing and protective or crossing warning signals and keep them in repair at the owner's or lessee's cost.

(e) Notwithstanding subsections (a) through (d), the department, a county, a city, or a town under whose jurisdiction a railroad crossing lies may provide highway or road surface maintenance at a railroad crossing if the department, county, city, or town requests and receives written approval from the railroad owner or lessee before commencing the highway or road surface maintenance. The cost of the maintenance may be wholly or partially borne by the department, county, city, or town upon agreement with the railroad.

(f) Any construction, reconstruction, or maintenance of highway or road surfaces provided for in this section may be paid for from funds obtained under 23 U.S.C. 130.

(g) A railroad whose tracks lie in any public highway or road shall properly grade, surface, and maintain the highway, road, and railroad tracks within the boundaries described in subsection (h):

(1) in accordance with the grade and surfacing material of the highway or road; and

(2) in a manner as to afford security for life and property of persons and vehicles using the highway or road.

(h) The railroad is responsible for the repair and maintenance of the grade and surface occupied by the railroad tracks, including the space:

(1) between the rails of a railroad track;

(2) between the railroad tracks if there are at least two (2) railroad tracks; and

(3) that extends eighteen (18) inches in width on the outside of each rail of a railroad track.

As added by P.L.18-1990, SEC.214. Amended by P.L.183-2005, SEC.1.
Ind. Code § 8-1-7.9-9 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-9
"Generation resource submittal"
Status: in_force

Sec. 9. As used in this chapter, "generation resource submittal" means a compliance filing made to the commission for approval of the acquisition of a specific generation resource in accordance with the criteria set forth in an approved EGR plan.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-1-37-12 — Indiana Code / Title 8 / Article 1 / Chapter 37 / Section 8-1-37-12
Qualifications for shareholder financial incentive; application; considerations and determination by commission
Status: in_force

Sec. 12. (a) Subject to subsection (c), to qualify for the financial incentives set forth in section 13 of this chapter, a participating electricity supplier must obtain clean energy to meet the energy requirements of the participating electricity supplier's Indiana retail electric customers according to the following CPS goals:

(1) CPS Goal Period I: For the six (6) calendar years beginning January 1, 2013, and ending December 31, 2018, an average of at least four percent (4%) of the total electricity obtained by the participating electricity supplier to meet the energy requirements of its Indiana retail electric customers during the base year.

(2) CPS Goal Period II: For the six (6) calendar years beginning January 1, 2019, and ending December 31, 2024, an average of at least seven percent (7%) of the total electricity obtained by the participating electricity supplier to meet the energy requirements of its Indiana retail electric customers during the base year.

(3) CPS Goal Period III: In the calendar year ending December 31, 2025, at least ten percent (10%) of the total electricity obtained by the participating electricity supplier to meet the energy requirements of its Indiana retail electric customers during the base year.

(b) For purposes of subsection (a), electricity is measured in megawatt hours. However, in determining whether a participating electricity supplier has met a CPS goal set forth in subsection (a), the commission shall require that at least fifty percent (50%) of the megawatt hours of clean energy obtained by the participating electricity supplier to meet the energy requirements of its Indiana retail electric customers during the CPS goal period under consideration must originate from clean energy resources located in Indiana.

(c) In determining whether a participating electricity supplier has met a particular CPS goal set forth in subsection (a), the commission shall consider only clean energy that:

(1) except as provided in subsection (f), is obtained by the participating electricity supplier to meet the energy requirements of the participating electricity supplier's Indiana retail electric customers during the CPS goal period under consideration; and

(2) is generated by a facility located in a control area that is part of a regional transmission organization of which an electricity supplier is a member.

(d) An electricity supplier is not required to obtain clean energy to meet a particular CPS goal if the commission determines that the cost of clean energy resources available to the electricity supplier would result in an increase in the rates and charges of the electricity supplier that would not be just and reasonable.

(e) A participating electricity supplier may own or purchase one (1) or more CECs to meet any of the CPS goals set forth in subsection (a) as long as the clean energy represented by the CEC meets the condition set forth in subsection (c)(2).

(f) A participating electricity supplier may apply:

(1) amounts of clean energy supplied by the participating electricity supplier to its Indiana retail electric customers during a particular CPS goal period; or

(2) CECs acquired by the participating electricity supplier during a particular CPS goal period;

that exceed the requirements for the particular CPS goal period to the immediately succeeding CPS goal period.

(g) A participating electricity supplier may use a clean energy resource described in section 4(a)(17) through 4(a)(21) of this chapter to satisfy not more than thirty percent (30%) of any of the CPS goals set forth in subsection (a).

As added by P.L.150-2011, SEC.16.
Ind. Code § 8-1.5-2-30 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-30
Lease of waterworks facilities; execution; limitation of actions
Status: in_force

Sec. 30. (a) After the hearing under section 29 of this chapter, the municipal legislative body may:

(1) authorize the execution of the waterworks lease as originally agreed upon; or

(2) make modifications as may be agreed upon with the proposed lessor;

but the lease rental as set out in the published notice may not be increased without a new notice and hearing.

(b) If the execution of the lease as originally agreed upon, or as modified by agreement, is authorized by the legislative body, a notice of the signing of the contract of lease shall be given by publication in accordance with IC 5-3-1.

(c) An action to:

(1) contest the validity of the lease; or

(2) enjoin the performance of any of the terms and conditions of the lease;

must be brought not later than thirty (30) days after publication of the notice of execution of the lease.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-31.7-7 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-7
"Service enhancement improvement"
Status: in_force

Sec. 7. As used in this chapter, "service enhancement improvement" means an expenditure that is either of the following:

(1) Made, or to be made, by an eligible utility and related to:

(A) direct or indirect compliance with one (1) or more requirements; or

(B) installation of a new plant or equipment:

(i) that is not a replacement plant or equipment; and

(ii) that the commission determines is reasonable and appropriate to further health, safety, or environmental protection for the eligible utility's customers, employees, or the public.

(2) Any of the following that are made, or to be made, or incurred, or to be incurred, to maintain existing health, safety, or environmental protection for the eligible utility's customers, employees, or the public:

(A) Replacement of a plant or equipment.

(B) Subject to section 9.1 of this chapter, chemical costs recorded in:

(i) Account 618; or

(ii) Account 718;

of the National Association of Regulatory Utility Commissioners Uniform System of Accounts as adopted by the commission under 170 IAC 6-2-2.

(C) Subject to section 9.1 of this chapter, power costs recorded in:

(i) Account 615; or

(ii) Account 715;

of the National Association of Regulatory Utility Commissioners Uniform System of Accounts as adopted by the commission under 170 IAC 6-2-2.

As added by P.L.137-2020, SEC.15. Amended by P.L.127-2026, SEC.4.
Ind. Code § 8-1-32.3-6 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-6
"Equipment compound"
Status: in_force

Sec. 6. As used in this chapter, "equipment compound" means the area that:

(1) surrounds or is near the base of a wireless support structure; and

(2) encloses wireless facilities.

As added by P.L.145-2015, SEC.3.
Ind. Code § 8-1-2-36 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-36
Meters and measuring instruments; purchase by commission for examinations and tests
Status: in_force

Sec. 36. The commission may purchase such material, apparatus and standard measuring instruments for such examinations and tests as it may deem necessary.

Formerly: Acts 1913, c.76, s.39.
Ind. Code § 8-1-2.6-1.1 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-1.1
Services not subject to commission jurisdiction
Status: in_force

Sec. 1.1. The commission shall not exercise jurisdiction over:

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

(2) broadband service, however defined or classified by the Federal Communications Commission;

(3) information service (as defined in 47 U.S.C. 153;

(4) Internet Protocol enabled retail services:

(A) regardless of how the service is classified by the Federal Communications Commission; and

(B) except as expressly permitted under IC 8-1-2.8;

(5) commercial mobile service (as defined in 47 U.S.C. 332); or

(6) any service not commercially available on March 28, 2006.

As added by P.L.27-2006, SEC.14. Amended by P.L.1-2007, SEC.69; P.L.7-2015, SEC.10.
Ind. Code § 8-21-2-4 — Indiana Code / Title 8 / Article 21 / Chapter 2 / Section 8-21-2-4
Personal possession of license
Status: in_force

Sec. 4. The certificate of the license required by this chapter shall be kept in the personal possession of the licensee when he or she is operating aircraft within this state and must be presented for inspection upon the demand of any passenger, any peace officer of this state or any official, manager or person in charge of any airport or landing field in this state, upon which he or she shall land.

Formerly: Acts 1929, c.171, s.4. As amended by P.L.136-2018, SEC.101.
Ind. Code § 8-6-7.7-5 — Indiana Code / Title 8 / Article 6 / Chapter 7.7 / Section 8-6-7.7-5
Orders and procedures of department; federal funds; contracts for work
Status: in_force

Sec. 5. (a) Orders of the Indiana department of transportation relating to automatic train-activated warning signals and to the closing of grade crossings may be issued:

(1) on the department's own initiative;

(2) upon petition of a governing body or authorized official administering a public highway or street; or

(3) upon petition of a person or entity operating a railroad.

All procedures shall be prescribed by rules established by the department, which must give regard to the requirements of notice and opportunity to be heard.

(b) Whenever any grade crossing is under consideration by the department for the installation of automatic warning signals, the department shall, in cooperation with other governmental agencies of the state, determine if the installation of signals can be made with the use of federal aid funds. If funds are available, the department's order may provide for the use of the funds and for all necessary compliance with applicable federal statutes and regulations.

(c) The authority vested in the department to order the installation, replacement, relocation, modernization, or improvement of automatic warning signals and the closing of grade crossings does not preclude the signal work or closing being performed by contract between a railroad and the governmental agency controlling the public way. If a mutually agreed upon contract for action has been made, no petition to the department is required, and if a contract is agreed upon after the department has assumed jurisdiction, the department may dismiss the proceeding upon the motion of a party.

(d) For the purpose of expediting railroad grade crossing protection projects that require the obligation of local funds to supplement federal aid funds available for railroad grade crossing protection, the department may make loans or grants to local units from the railroad grade crossing fund created under section 6.1 of this chapter to provide the money necessary to supplement those federal aid funds. The loans or grants shall be made under terms and conditions established by the department under rules adopted under IC 4-22-2. A local unit may contract with a railroad concerning payment of the money necessary to supplement federal aid funds upon terms and conditions as they may agree.

Formerly: Acts 1973, P.L.66, SEC.1. As amended by P.L.97-1985, SEC.1; P.L.384-1987(ss), SEC.68; P.L.18-1990, SEC.78.
Ind. Code § 8-1-44-11 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-11
"Small modular nuclear reactor"or "SMR"
Status: in_force

Sec. 11. As used in this chapter, "small modular nuclear reactor", or "SMR", has the meaning set forth in IC 8-1-8.5-12.1(b).

As added by P.L.137-2025, SEC.1. Amended by P.L.23-2026, SEC.52.
Ind. Code § 8-1-32.5-13 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-13
Record of certificates issued; public access
Status: in_force

Sec. 13. The commission shall maintain a record of all certificates of territorial authority issued under this chapter. The record must include all application forms, notices of change under section 12 of this chapter, and other documents filed with the commission under this chapter. The record must be made available:

(1) for public inspection and copying in the office of the commission during regular business hours under IC 5-14-3; and

(2) electronically through the computer gateway administered by the office of technology established by IC 4-13.1-2-1;

to the extent the information in the record is not exempt from public disclosure under IC 5-14-3-4(a).

As added by P.L.27-2006, SEC.55.
Ind. Code § 8-1-44-9 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-9
"Project"
Status: in_force

Sec. 9. As used in this chapter, "project" refers to a project for the construction, purchase, or lease of one (1) or more SMRs at an eligible project site for the generation of electricity to be directly or indirectly used to furnish public utility service to Indiana customers.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-1-6-7 — Indiana Code / Title 8 / Article 1 / Chapter 6 / Section 8-1-6-7
Payments subject to allotment system
Status: in_force

Sec. 7. The commission shall be subject to the quarterly allotment system under IC 4-13-2-18.

Formerly: Acts 1969, c.360, s.7. As amended by P.L.59-1984, SEC.55; P.L.213-2025, SEC.101.
Ind. Code § 8-2.1-22-18 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-18
Agreements with other common carriers; routes and rates; discrimination
Status: in_force

Sec. 18. (a) Notwithstanding IC 24-1-2-1 and in accordance with 49 U.S.C. 14303, common carriers may:

(1) establish by agreement through routes and joint rates, charges, and classifications with other common carriers and with common carriers by railroads, or by water, and every common carrier shall provide safe and adequate service, equipment, and facilities for the transportation of passengers or household goods in intrastate and interstate commerce; and

(2) establish, observe, and enforce just and reasonable rates, fares, charges, and classifications, and just and reasonable regulations and practices relating to rates, fares, charges, and classifications, and to the issuance, form, and substance of tickets, receipts, bills of lading, the carrying of baggage, and all other matters relating to or connected with the transportation of passengers or household goods in both intrastate and interstate commerce, and in case of joint rates and charges, to establish just, reasonable, and equitable division of joint rates and charges between the carriers participating in the joint rates and charges.

(b) It is unjust discrimination and unlawful for any common carrier by motor vehicle to make, give, or cause any undue or unreasonable preference or advantage to any particular person or locality in connection with the transportation of any persons or household goods, or to subject any particular person or locality to any undue or unreasonable prejudice, delay, or disadvantage in any respect.

(c) Every common carrier by motor vehicle that fails or refuses to receive and transport without unreasonable delay or discrimination the passengers or household goods tendered for transportation and deliver without unreasonable delay or discrimination those passengers or household goods at destination or to the transfer point of the route of any connecting common carrier by motor vehicle or railroad is guilty of unjust discrimination.

(d) It is unjust discrimination for any common carrier to charge or receive any greater compensation in the aggregate for the transportation of passengers or household goods for a shorter than for a longer distance over the same line in the same direction, the shorter distance being included in the longer.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.14; P.L.7-2015, SEC.18.
Ind. Code § 8-23-20-1 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-1
Agreements with United States Secretary of Commerce
Status: in_force

Sec. 1. (a) The department and the United States Secretary of Commerce shall enter into agreements under 23 U.S.C. concerning the regulation of billboards, signs, junkyards, and scrap metal processing areas in areas adjacent to the interstate and primary highway systems. The agreements must conform to the provisions of 23 U.S.C. to ensure that federal funds to Indiana are continued.

(b) An agreement between the state and the United States Secretary of Commerce entered into under 23 U.S.C. 131 must contain the definition of "unzoned commercial or industrial area" found in IC 8-23-1.1-44. If the state has received from the Secretary a formal notice of a proposed determination to withhold funds from the state because of an asserted unacceptability of the definition, the governor shall modify the definition. The modification may be made during a hearing on the notice held by the Secretary under 23 U.S.C. 131, or, if as a matter of law the Secretary decides to withhold funds prior to a hearing, the governor:

(1) may modify the definition before a hearing; and

(2) shall request a hearing under 23 U.S.C. 131.

As added by P.L.18-1990, SEC.229. Amended by P.L.145-2026, SEC.40.
Ind. Code § 8-3-1.7-2 — Indiana Code / Title 8 / Article 3 / Chapter 1.7 / Section 8-3-1.7-2
Creation of fund; use
Status: in_force

Sec. 2. (a) There is created a fund known as the industrial rail service fund. The fund shall consist of money distributed to the fund by IC 6-2.5-10-1 and IC 8-3-1.5-20. Amounts held in the fund may only be used to do the following:

(1) Provide loans to railroads that will be used to purchase or rehabilitate real or personal property that will be used by the railroad in providing railroad transportation services.

(2) Pay operating expenses of the Indiana department of transportation, subject to appropriation by the general assembly.

(3) Provide fifty thousand dollars ($50,000) annually to the Indiana department of transportation for rail planning activities. Money distributed under this subdivision does not revert back to the state general fund at the end of a state fiscal year.

(4) Provide money for the high speed rail development fund under IC 8-23-25.

(5) Provide grants to a railroad owned or operated by a port authority established under IC 8-10-5.

(6) Make grants to a Class II or a Class III railroad for the rehabilitation of railroad infrastructure or railroad construction.

(b) A grant made under subsection (a)(5) may not exceed twenty percent (20%) of the gross sales and use tax receipts deposited in the fund under IC 6-2.5-10-1 during the fiscal year preceding the fiscal year in which the grant is made.

(c) A grant program under subsection (a)(6) must:

(1) provide a grant to a recipient of not more than seventy-five percent (75%) of the cost of the project; and

(2) require a grant recipient to pay for not less than twenty-five percent (25%) of the cost of a project.

As added by Acts 1982, P.L.51, SEC.2. Amended by P.L.96-1985, SEC.1; P.L.95-1987, SEC.4; P.L.84-1988, SEC.2; P.L.18-1990, SEC.37; P.L.83-1991, SEC.1; P.L.100-1993, SEC.1; P.L.87-1997, SEC.2; P.L.121-2001, SEC.1; P.L.49-2024, SEC.2.
Ind. Code § 8-1-32.4-9 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-9
"Provider of last resort"
Status: in_force

Sec. 9. As used in this chapter, "provider of last resort" means a provider that:

(1) holds a certificate of territorial authority issued by the commission; and

(2) is required to offer local exchange service throughout a defined geographic area.

As added by P.L.27-2006, SEC.54.
Ind. Code § 8-1-40-17 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-17
Commission's review of rate petition; notice and hearing; approval of rate; calculation
Status: in_force

Sec. 17. The commission shall review a petition filed under section 16 of this chapter by an electricity supplier and, after notice and a public hearing, shall approve a rate to be credited to participating customers by the electricity supplier for excess distributed generation if the commission finds that the rate requested by the electricity supplier was accurately calculated and equals the product of:

(1) the average marginal price of electricity paid by the electricity supplier during the most recent calendar year; multiplied by

(2) one and twenty-five hundredths (1.25).

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-9.5-8-16 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-16
Rural transportation road fund
Status: in_force

Sec. 16. (a) The rural transportation road fund is established as a special revenue fund to be administered by the Indiana finance authority.

(b) The money in the rural transportation road fund at the end of any state fiscal year does not revert to any other fund.

(c) The treasurer of state may invest the money in the rural transportation road fund in the manner provided by law for investing money in the state general fund.

(d) The rural transportation road fund is to be used only for the purpose of supplementing the revenues received by the Indiana finance authority as tolls imposed for the use of any toll road or toll bridge project.

As added by P.L.386-1987(ss), SEC.3. Amended by P.L.68-1988, SEC.9; P.L.235-2005, SEC.107.
Ind. Code § 8-23-23-2 — Indiana Code / Title 8 / Article 23 / Chapter 23 / Section 8-23-23-2
Crosswalk curb ramps
Status: in_force

Sec. 2. (a) This section applies only to curbs that are constructed or reconstructed after June 30, 1978.

(b) All new construction or reconstruction of public roads or streets funded wholly or in part by funds of the state, a county, a city, or a town must include the installation of permanent curb ramps at crosswalks at all intersections where curbs and permanent sidewalks are constructed.

As added by P.L.18-1990, SEC.232.
Ind. Code § 8-2.1-22-20 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-20
Filing of schedule stating new rate or charge; hearing; burden of proof; suspension
Status: in_force

Sec. 20. (a) This section applies whenever there is filed with the department any schedule stating a new individual or joint rate, fare, charge, or classification for the transportation of passengers or household goods by a common carrier or carriers by motor vehicle, or by a carrier or carriers in conjunction with a common carrier or carriers by railroad or water in intrastate commerce, or any rule or practice affecting the rate, fare, or charge, or the value of the service.

(b) Upon complaint of any interested party or upon its own initiative at once and if it so orders, without answer or other formal pleading by the interested carrier or carriers but upon reasonable notice, the department may enter upon a hearing concerning the lawfulness of a rate, fare, or charge, or a rule or practice. Pending the hearing and the decision on the hearing, the department, by filing with the schedule and delivering to the carrier or carriers affected by the hearing a statement in writing of its reasons for the suspension, may from time to time suspend the operation of the schedule and defer the use of the rate, fare, charge, or classification, or the rule, regulation, or practice, but not for a longer period than one hundred eighty (180) days beyond the time when it would otherwise go into effect. After hearing, whether completed before or after the rate, fare, charge, classification, rule or practice goes into effect, the department may make the order with reference thereto as would be proper in a proceeding instituted after it has become effective.

(c) If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate, fare, or charge, or classification, rule or practice, goes into effect at the end of the period.

(d) At any hearing involving a change in a rate, fare, charge, or classification or in a rule or practice, the burden of proof is on the carrier to show that the proposed rate, fare, charge, classification, rule or practice is just and reasonable.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.16.
Ind. Code § 8-1-11.1-5 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-5
Actions to protect rights of cities
Status: in_force

Sec. 5. The board of directors for utilities in every such city may, in the name of the city, bring any such action which it deems proper in order to protect the property rights of said city with reference to any such utility property so under the control of such board, or to secure the more effective carrying out of the purposes of this chapter with reference to the erection, maintenance and operation of any such utility property or properties.

[Pre-Local Government Recodification Citation: 19-3-24-5.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-15.5-11-6 — Indiana Code / Title 8 / Article 15.5 / Chapter 11 / Section 8-15.5-11-6
Expediting permits, licenses, and approvals
Status: in_force

Sec. 6. The authority shall seek the cooperation of federal and local agencies to expedite all necessary federal and local permits, licenses, and approvals necessary for toll road projects under this article.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-1-13-19 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-19
Repealed
Status: repealed

Formerly: Acts 1935, c.175, s.18a; Acts 1953, c.48, s.2. Repealed by Acts 1980, P.L.69, SEC.5.
Ind. Code § 8-1-2.7-9 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-9
Effect of withdrawal
Status: in_force

Sec. 9. (a) Except as provided under subsection (c) or section 15 of this chapter, when a utility successfully withdraws from commission jurisdiction, the commission does not have authority to regulate the following:

(1) Rates and charges.

(2) Stocks, bonds, notes, or other evidence of indebtedness.

(3) Rules.

(4) The annual report filing requirement.

(b) When the number of patrons served by a withdrawn utility described in section 1.3(a)(1)(A) or 1.3(a)(2)(A) of this chapter reaches five thousand (5,000), the utility:

(1) becomes subject to the annual report filing requirement described in IC 8-1-2-16; and

(2) shall immediately notify the commission of the number of patrons served by the utility.

Upon receiving notice under subdivision (2), the commission may reassert jurisdiction over the utility, in whole or in part, after notice and hearing if the commission finds that the public interest so requires.

(c) As used in this subsection, "utility" refers to a utility described in section 1.3(a)(1)(B) of this chapter that is located in a county having a population of more than fifteen thousand four hundred (15,400) and less than fifteen thousand four hundred fifty (15,450). When one (1) utility has successfully withdrawn from commission jurisdiction under this chapter, upon the filing of a complaint by another utility that has not withdrawn from commission jurisdiction under this chapter, the commission shall reassert jurisdiction over the withdrawn utility with respect to the withdrawn utility's:

(1) rates and charges;

(2) rules; and

(3) operating and territorial authority;

that have been or may be established concerning the purchase of water for resale by the complaining utility from the withdrawn utility. The rates and charges described in subdivision (1) are subject to the requirements of IC 8-1-2-125. The burden of proof that the rates and charges described in subdivision (1) comply with IC 8-1-2-125 is on the withdrawn utility.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.12; P.L.82-1997, SEC.12; P.L.159-1999, SEC.11; P.L.226-2001, SEC.2; P.L.170-2002, SEC.58; P.L.119-2012, SEC.83; P.L.104-2022, SEC.59.
Ind. Code § 8-25-6-14 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-14
Bonds payable from tax revenue collected from county local taxpayers who reside in the township that opts in
Status: in_force

Sec. 14. Bonds issued with respect to a public transportation project in the township must be paid from tax revenue collected from local taxpayers who reside in the township.

As added by P.L.153-2014, SEC.17. Amended by P.L.197-2016, SEC.101.
Ind. Code § 8-4-12-7 — Indiana Code / Title 8 / Article 4 / Chapter 12 / Section 8-4-12-7
Completion of road by transferee company
Status: reserved

Sec. 7. Whenever any railroad company, coming within the provision of this chapter, shall sell or transfer their property, rights, or franchises to any other railroad company, it shall be the duty of such last named railroad company to complete the road so transferred to them, and put the same in complete running order, within three (3) years after the time of such transfer; and upon failure so to do, it shall be taken and held to have abandoned and forfeited the same, and any company organized, as provided in this chapter, shall succeed to and be invested with the same, as is provided in this chapter; however, nothing in this chapter contained shall be regarded as a recognition of the right of two (2) or more railroad companies to consolidate by voluntary agreement.

Formerly: Acts 1867, c.80, s.7. As amended by P.L.62-1984, SEC.64; P.L.136-2018, SEC.92.
Ind. Code § 8-1-3-1 — Indiana Code / Title 8 / Article 1 / Chapter 3 / Section 8-1-3-1
Appeals; time limitations; assignments of error
Status: in_force

Sec. 1. Any person, firm, association, corporation, limited liability company, city, town, or public utility adversely affected by any final decision, ruling, or order of the commission may, within thirty (30) days from the date of entry of such decision, ruling, or order, appeal to the court of appeals of Indiana for errors of law under the same terms and conditions as govern appeals in ordinary civil actions, except as otherwise provided in this chapter and with the right in the losing party or parties in the court of appeals to apply to the supreme court for a petition to transfer the cause to said supreme court as in other cases. An assignment of errors that the decision, ruling, or order of the commission is contrary to law shall be sufficient to present both the sufficiency of the facts found to sustain the decision, ruling, or order, and the sufficiency of the evidence to sustain the finding of facts upon which it was rendered.

Formerly: Acts 1957, c.189, s.1. As amended by P.L.23-1988, SEC.34; P.L.8-1993, SEC.118.
Ind. Code § 8-21-3-23 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-23
Title
Status: in_force

Sec. 23. This chapter shall be known and may be cited as the Indiana Aircraft Financial Responsibility Act.

Formerly: Acts 1951, c.267, s.25. As amended by P.L.66-1984, SEC.140.
Ind. Code § 8-16-3-3 — Indiana Code / Title 8 / Article 16 / Chapter 3 / Section 8-16-3-3
Tax levy
Status: in_force

Sec. 3. (a) To provide for the cumulative bridge fund, county executives and municipal legislative bodies may levy a tax in compliance with IC 6-1.1-41 not to exceed ten cents ($0.10) on each one hundred dollars ($100) assessed valuation of all taxable personal and real property within the county or municipality.

(b) The tax, when collected, shall be held in a special fund to be known as the bridge fund.

(c) An appropriation from the bridge fund may be made without the approval of the department of local government finance if:

(1) the county executive requests the appropriation; and

(2) the appropriation is for the purpose of constructing, maintaining, or repairing bridges, approaches, or grade separations.

Formerly: Acts 1951, c.299, s.3; Acts 1975, P.L.92, SEC.1. As amended by P.L.24-1986, SEC.33; P.L.86-1988, SEC.20; P.L.118-1989, SEC.1; P.L.17-1995, SEC.9; P.L.6-1997, SEC.136; P.L.90-2002, SEC.322.
Ind. Code § 8-18-21-5 — Indiana Code / Title 8 / Article 18 / Chapter 21 / Section 8-18-21-5
Revenue bonds; issuance; source of payment
Status: in_force

Sec. 5. (a) For the purpose of obtaining money to pay the cost of:

(1) constructing toll road facilities;

(2) acquiring land;

(3) repaying any advances for preliminary expenses made to the authority by an eligible entity; or

(4) refinancing any loan made under this chapter;

the board of directors of a toll road authority may issue revenue bonds of the authority.

(b) The bonds are payable solely from the income and revenues of the toll road facilities for which the bonds were issued.

As added by P.L.386-1987(ss), SEC.21. Amended by P.L.3-1990, SEC.32.
Ind. Code § 8-5-15-1 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

"Board" means the board of trustees of the commuter transportation district.

"Commuter transportation system" means any rail common carrier of passengers for hire, the line, route, road, or right-of-way of which crosses one (1) or more county boundaries and one (1) or more boundaries of the state and serves residents in more than one (1) county. This system is limited to commuter passenger railroads.

"Commissioner" means the commissioner of the Indiana department of transportation.

"Cost" as applied to a railroad or railroad project includes:

(1) the cost of construction;

(2) the cost of acquisition of personal property, capital stock, land, rights-of-way, property rights, easements, and interests;

(3) the cost of demolishing or removing any buildings or structures on land so acquired, including the cost of acquiring any lands to which such buildings or structures may be moved;

(4) the cost of relocating public roads and land, or of easements;

(5) the cost of all machinery and equipment, financing charges, interest before and during construction and for not exceeding two (2) years after the estimated date of completion of construction;

(6) the cost of engineering and legal expenses, plans, specifications, surveys, estimates of cost, traffic, and revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing or acquiring any such project;

(7) administrative expense; and

(8) such other expenses as may be necessary or incident to the construction or acquisition, of the project, the financing of the construction or acquisition, and the placing of the project in operation.

"District" means a commuter transportation district established under this chapter.

"Passenger" means a frequent user of the commuter transportation system who can demonstrate an interest and familiarity with the commuter transportation system.

"Project" or "railroad project" includes any facilities, adjuncts, and appurtenances necessary to operate a railroad, such as lines, routes, roads, rights-of-way, easements, licenses, permits, tangible personal property, and real property. It also includes all or a majority of the outstanding capital stock of a corporation that operates a railroad.

"Revenues" means all fees, tolls, rentals, gifts, grants, money, and all other funds coming into the possession or under the control of the board by virtue of this chapter, but does not include real property or personal property other than money, nor the proceeds from the sale of bonds issued under this chapter.

[Pre-Local Government Recodification Citation: 19-5-2.6-2.]

As added by Acts 1980, P.L.8, SEC.68. Amended by P.L.64-1984, SEC.1; P.L.3-1989, SEC.63; P.L.295-2001, SEC.1; P.L.108-2019, SEC.146.
Ind. Code § 8-2.1-22-38 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-38
Rebates, consideration, or discrimination in violation of chapter; assisting or permitting transportation at less than approved rate; fraudulent activity; operator of vehicle for hire not to operate until owner or lessor secures required authority
Status: in_force

Sec. 38. (a) A person, whether carrier, shipper, or officer, employee, agent, or representative thereof, shall not knowingly offer, grant, give, solicit, accept, or receive any rebate, consideration, or discrimination in violation of this chapter. A person shall not, by means of any false or fictitious bill, bill of lading, receipt, voucher, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any other means or device, knowingly assist or permit any person to obtain transportation of passengers or household goods subject to this chapter for less than the rate, fare, or charge approved by the department. A person shall not knowingly, by any such means or otherwise, fraudulently seek to evade or defeat regulations as in this chapter provided for motor carriers.

(b) An operator of a motor vehicle for hire, which vehicle belongs to or is leased by an intrastate or interstate common or contract carrier for hire, who transports persons or household goods over the highways without required authority issued by the department, shall not operate the motor vehicle until the owner or lessor has secured the required authority from the department, but the offender shall be given an opportunity to secure the services of a certificated carrier, having the required authority, to transport the lading on the offender's motor vehicle to its intended destination.

(c) A person who violates this section commits a Class C infraction.

As added by P.L.99-1989, SEC.13. Amended by P.L.110-1995, SEC.25.
Ind. Code § 8-1-1.9-2 — Indiana Code / Title 8 / Article 1 / Chapter 1.9 / Section 8-1-1.9-2
"Public utility"
Status: in_force

Sec. 2. As used in this chapter, "public utility" has the meaning set forth in IC 8-1-2-1(a).

As added by P.L.126-2018, SEC.1.
Ind. Code § 8-23-9.5-0.1 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-0.1
Applicability
Status: in_force

Sec. 0.1. It is the intent of the general assembly that this chapter applies only to a contract for the delivery of a project of the department. This chapter does not apply to a contract for the delivery of a project of a public agency (as defined in IC 5-30-1-11).

As added by P.L.156-2026, SEC.4.
Ind. Code § 8-15.7-2-8 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-8
"Maintenance"
Status: in_force

Sec. 8. "Maintenance" includes ordinary maintenance, repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of maintenance that may be designated by the department.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-41-5 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-5
"Project owner"
Status: in_force

Sec. 5. (a) As used in this chapter, "project owner" means a person that:

(1) will own one (1) or more wind power devices proposed to be located in a unit; or

(2) owns one (1) or more wind power devices located in a unit.

(b) The term includes an agent or a representative of a person described in subsection (a).

(c) The term does not include an electricity supplier (as defined in IC 8-1-2.3-2).

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-1-31.7-1 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-1
Applicability of definitions
Status: in_force

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter.

As added by P.L.137-2020, SEC.15.
Ind. Code § 8-2-17-4 — Indiana Code / Title 8 / Article 2 / Chapter 17 / Section 8-2-17-4
Recognizance by licensee
Status: in_force

Sec. 4. Before the license is granted, the applicant shall enter into a recognizance to the city or town, in a penal sum to be fixed by the legislative body, not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), with sufficient surety, conditioned faithfully to keep, maintain, and operate the ferry with good and sufficient boats and landing places for the safe conveyance of persons and property, a sufficient number of hands to work and manage the boats, together with sufficient implements and appliances for the ferry, in compliance with the rules for operation, on the schedule fixed by the legislative body and at rates of ferriage that the legislative body shall from time to time fix. The bond shall be kept on file with the city or town clerk.

Formerly: Acts 1921, c.137, s.4; Acts 1959, c.235, s.4. As amended by P.L.8-1989, SEC.45.
Ind. Code § 8-1-30-4 — Indiana Code / Title 8 / Article 1 / Chapter 30 / Section 8-1-30-4
Findings of violations
Status: in_force

Sec. 4. The commission may issue orders under section 5 of this chapter if the commission finds either of the following:

(1) The utility company has continued violations of:

(A) law regulating the utility company after the commission has ordered compliance; or

(B) commission orders.

(2) The commission finds after a review conducted under section 3 of this chapter that the utility company has severe deficiencies that the utility company has failed to remedy.

As added by P.L.145-1999, SEC.7.
Ind. Code § 8-20-3-1 — Indiana Code / Title 8 / Article 20 / Chapter 3 / Section 8-20-3-1
Authority
Status: in_force

Sec. 1. A county executive may acquire the lands and rights necessary to widen, straighten, or change the route of any county highway. If the executive is unable to agree with the owner of the land or right on damages or the purchase price, the executive may exercise eminent domain to condemn the land or right necessary to carry out the provisions of this section.

Formerly: Acts 1935, c.94, s.1. As amended by P.L.66-1984, SEC.135; P.L.86-1988, SEC.218.
Ind. Code § 8-1-2-88.7 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-88.7
Telephone companies that are REA borrowers; rates sufficient to repay financial assistance
Status: in_force

Sec. 88.7. (a) As used in this section, "financial assistance" means:

(1) a loan or loan guarantee; or

(2) a lien accommodation provided to secure a loan made by another lender;

that is made by the Rural Electrification Administration of the United States Department of Agriculture (REA) or by the Rural Telephone Bank.

(b) As used in this section, "REA borrower" means a telephone company subject to this chapter that is the recipient of financial assistance.

(c) An REA borrower shall charge rates sufficient to enable the REA borrower to:

(1) satisfy its reasonable expenses and obligations; and

(2) earn a rate of return on the property sufficient to cover the REA borrower's cost of capital, including any financial assistance and the interest thereon.

(d) So long as there remains any unpaid portion of any financial assistance associated with the property of an REA borrower, the rates of the REA borrower shall be set at a level sufficient to repay the financial assistance regardless of any change in the status of the property, including the full or partial retirement of the property or any other change in the status of the property.

As added by P.L.74-1991, SEC.1. Amended by P.L.27-2006, SEC.5.
Ind. Code § 8-1-2.7-2 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-2
Withdrawal of utility from commission jurisdiction
Status: in_force

Sec. 2. (a) This chapter provides the exclusive statutory manner for a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter to withdraw from the jurisdiction of the commission for the approval of the following:

(1) Rates and charges.

(2) Stocks, bonds, notes, or other evidence of indebtedness.

(3) Rules.

(4) The annual report filing requirement.

(b) Notwithstanding any other provision in this article, a sewer disposal company described in section 1.3(a)(2) of this chapter shall not initiate operations or provide service or seek commission authority to do so within a territory for which the commission has granted operating and territorial authority to any other entity, which has not been revoked.

(c) A sewage disposal company described in section 1.3(a)(2) of this chapter that has withdrawn from commission jurisdiction under this chapter shall offer service to all customers within the territory for which the commission has granted the utility territorial authority.

(d) A utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter that is subject to the commission's jurisdiction under IC 8-1-1.9-5(e)(2) for having been issued more than one (1) enforcement order (as defined in IC 8-1-1.9-5(c)) within the time specified in IC 8-1-1.9-5(e)(2) may not seek to withdraw from the commission's jurisdiction under this chapter during the rate regulation period set forth in IC 8-1-1.9-5(e)(2).

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.6; P.L.82-1997, SEC.6; P.L.159-1999, SEC.6; P.L.60-2024, SEC.1; P.L.24-2025, SEC.2.
Ind. Code § 8-3-22-1 — Indiana Code / Title 8 / Article 3 / Chapter 22 / Section 8-3-22-1
Purposes
Status: in_force

Sec. 1. The purposes of this compact are, through joint or cooperative action, to:

(1) promote development and implementation of improvements to intercity passenger rail service in the Midwest;

(2) coordinate interaction among Midwestern state elected officials and their designees on passenger rail issues;

(3) promote development and implementation of long range plans for high speed rail passenger service in the Midwest and among other regions of the United States;

(4) work with the public and private sectors at the federal, state, and local levels to ensure coordination among the various entities having an interest in passenger rail service and to promote Midwestern interests regarding passenger rail service; and

(5) support efforts of transportation agencies involved in developing and implementing passenger rail service in the Midwest.

As added by P.L.131-2000, SEC.1.
Ind. Code § 8-17-4.1-1 — Indiana Code / Title 8 / Article 17 / Chapter 4.1 / Section 8-17-4.1-1
Application of chapter; governing body
Status: in_force

Sec. 1. (a) This chapter applies to:

(1) all counties; and

(2) municipalities with a population of at least five thousand (5,000).

(b) As used in this chapter, "governing body" means the county executive, the city executive, or the town legislative body.

Formerly: Acts 1971, P.L.103, SEC.1. As amended by Acts 1981, P.L.44, SEC.8; P.L.86-1988, SEC.115; P.L.185-2018, SEC.28; P.L.173-2025, SEC.22.
Ind. Code § 8-1-7.9-19 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-19
Petition for approval of EGR plan; commission's final order; time frame for issuance
Status: in_force

Sec. 19. (a) This section applies to an energy utility that petitions the commission for approval of an EGR plan.

(b) Notwithstanding IC 8-1-8.5 or any other statute, the commission may approve an energy utility's EGR plan to construct, purchase, lease, or otherwise acquire generation resources under this chapter for purposes of meeting the needs of the energy utility's customers. The commission shall make its decision based on whether the relief requested is just, reasonable, and in the public interest.

(c) The commission may:

(1) approve the energy utility's petition in its entirety;

(2) deny the energy utility's petition in its entirety; or

(3) modify the petition, subject to the energy utility's acceptance of the modification.

(d) The commission shall issue a final order on the petition not later than ninety (90) days after receiving the energy utility's complete petition. A petition is considered:

(1) complete unless the commission provides a notice of deficiency to the energy utility not later than five (5) business days after the filing of the petition; and

(2) approved if the commission does not issue a final order on the petition within the ninety (90) day period set forth in this subsection.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-1.5-3-11 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-11
Funds; management
Status: reserved

Sec. 11. (a) The money belonging to each municipally owned utility shall be kept by the municipal fiscal officer as separate funds as required by any bond ordinance or accounting procedures established by the commission or the state board of accounts. The municipal legislative body, with the approval of the board, may transfer surplus earnings of the utility to the general fund. The money may not, however, be transferred unless the terms and conditions of any bond ordinance, resolution, indenture, contract under IC 8-1-2.2, or similar instrument binding upon the utility are complied with.

(b) A cash reserve fund shall be created by ordinance and carried on the records of the utility or utilities by providing for monthly contributions or transfers to the cash reserve fund of surplus earnings of the utility or utilities.

(c) "Surplus earnings" are those cash earnings remaining after provision has been made to take care of current obligations, including:

(1) operating expense;

(2) depreciation or replacement fund;

(3) bond and interest sinking fund;

(4) retirement fund; or

(5) any other priority fund requirements fixed by law.

(d) After creation of the cash reserve fund, the legislative body may include in the municipal general fund budget, as revenue in lieu of taxes, an amount equal to the actual balance in the cash reserve fund as of June 30 of the current year. However, the available cash reserve fund balance may be transferred to the municipal general fund only during the calendar year for which the budget was adopted, and transfers may not be made from any utility funds to the general fund except from the cash reserve fund.

(e) If at any time after the final approval of the budget an emergency should arise for further appropriations from the general fund, the legislative body may, by ordinance, transfer additional money from the cash reserve fund to the general fund to provide for the additional appropriations, the transfer to be limited to the accretions to the cash reserve fund since the preceding June 30.

(f) A cash reserve fund, if authorized by ordinance, may be used to make loans to another utility owned by the same municipality, for periods not to exceed five (5) years, at any interest rate. The repayment of the loan and interest shall be returned to the cash reserve fund.

As added by Acts 1982, P.L.74, SEC.1.
Ind. Code § 8-1-42-7 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-7
"Project owner"
Status: in_force

Sec. 7. (a) As used in this chapter, "project owner" means a person that:

(1) will own one (1) or more CSE systems proposed to be located in a unit; or

(2) owns one (1) or more CSE systems located in a unit.

(b) The term includes an agent or a representative of a person described in subsection (a).

(c) The term does not include an electricity supplier (as defined in IC 8-1-2.3-2).

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-23-32-5 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-5
"Pilot program"
Status: in_force

Sec. 5. As used in this chapter, "pilot program" means the worksite speed control pilot program established under section 10 of this chapter.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-1-26-10 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-10
"Operator"
Status: in_force

Sec. 10. As used in this chapter, "operator" means a person who owns or operates an underground facility, other than an underground facility that:

(1) is located on real property that the person owns or occupies; and

(2) the person operates for the person's benefits.

As added by P.L.69-1990, SEC.2. Amended by P.L.62-2009, SEC.8.
Ind. Code § 8-1-8.8-10.2 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-10.2
"Small modular nuclear reactor"
Status: in_force

Sec. 10.2. (a) As used in this chapter, "small modular nuclear reactor" means a nuclear reactor that:

(1) has a rated electric generating capacity of not more than four hundred seventy (470) megawatts;

(2) is capable of being constructed and operated, either:

(A) alone; or

(B) in combination with one (1) or more similar reactors if additional reactors are, or become, necessary;

at a single site; and

(3) is required to be licensed by the United States Nuclear Regulatory Commission.

(b) The term includes a nuclear reactor that:

(1) is described in subsection (a); and

(2) uses a process to produce hydrogen that can be used:

(A) for energy storage;

(B) as a fuel; or

(C) for other uses.

As added by P.L.155-2022, SEC.4. Amended by P.L.33-2023, SEC.2.
Ind. Code § 8-2.1-17-2 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-2
"Broker"
Status: in_force

Sec. 2. "Broker" means:

(1) a person who:

(A) is not a common carrier or contract carrier;

(B) is not a bona fide employee or agent of a common or contract carrier; and

(C) as principal or agent, sells or offers to sell transportation service subject to regulation under this article; or

(2) a person who negotiates for, or professes to be, by solicitation, advertisement, or otherwise, a person who sells, provides, furnishes, contracts, or arranges for transportation service subject to regulation under this article.

As added by P.L.99-1989, SEC.8. Amended by P.L.110-1995, SEC.1; P.L.42-2007, SEC.1.
Ind. Code § 8-1-2.8-16 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-16
Exemption from taxes and fees
Status: in_force

Sec. 16. The amount of money collected by a LEC in surcharges under this chapter is exempt from all state income taxes and all fees imposed under IC 8-1-6.

As added by P.L.75-1991, SEC.1.
Ind. Code § 8-23-24-3 — Indiana Code / Title 8 / Article 23 / Chapter 24 / Section 8-23-24-3
Supply, supervision, and management of trees
Status: in_force

Sec. 3. The division of forestry of the department of natural resources shall supply the trees for use under this chapter, supervise the planting, and manage the trees with the same responsibility and authority as trees in a state forest.

As added by P.L.90-1991, SEC.1.
Ind. Code § 8-23-7-27 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-27
Surveys and investigations; notification of occupants
Status: in_force

Sec. 27. (a) Before an authorized employee or representative of the department enters upon, over, or under any land or water under section 26 of this chapter, the occupant of the land or water shall be notified in writing by first class United States mail of the entry not later than five (5) days before the date of entry. The employee or representative of the department shall present written identification or authorization to the occupant of the land or water before entering the land or water.

(b) At the same time and in the same manner as the notice required under subsection (a), the department shall notify the occupant and the record owner of the land or property of the following:

(1) With respect to damage that occurs to the land or property as a result of entry upon, over, or under the land or property as set forth in section 26 of this chapter:

(A) a description of the aggrieved party's right to compensation for the damage from the department; and

(B) the procedure that the aggrieved party must follow to obtain the compensation.

(2) The name, mailing address, and telephone number of an individual or office within the department to which an aggrieved party may direct questions concerning the rights and procedures described in subdivision (1).

As added by P.L.18-1990, SEC.216. Amended by P.L.99-2008, SEC.3.
Ind. Code § 8-1-2-112 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-112
Continuing acts as separate offenses
Status: in_force

Sec. 112. Every day during which any public utility or any officer, agent, or employee thereof shall fail to observe and comply with any order or direction of the commission, or to perform any duty enjoined by this chapter, shall constitute a separate and distinct violation of such order or direction of this chapter, as the case may be.

Formerly: Acts 1913, c.76, s.121. As amended by P.L.59-1984, SEC.44.
Ind. Code § 8-1-13-22 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-22
Articles of incorporation; amendment; change of name; change of territory
Status: in_force

Sec. 22. (a) A corporation created under this chapter may amend its articles of incorporation to change its corporate name, to increase or reduce the number of its directors or change any other provisions of the articles of incorporation. However, no corporation shall amend its articles of incorporation to embody in the articles of incorporation any purpose, power, or provision which would not be authorized if its original articles of incorporation, including such additional or changed purpose, power, or provision were offered for filing at the time articles under this section are offered. Such amendment may be accomplished by filing articles of amendment in the office of the secretary of state which shall be entitled and endorsed "Articles of amendment of ____________" (the blank space being filled in with the name of the corporation) and state:

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

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

(3) Whether the territory served or to be served by the corporation is to be changed and, if so, whether it is to be increased or decreased.

(4) The purposes, powers, or provisions, if any, to be amended or eliminated and the purposes, powers, or provisions, if any, to be added or substituted.

(b) Such articles shall be subscribed in the name of the corporation by the president or a vice president, and by the secretary or the assistant secretary, who shall make and annex an affidavit stating that they have been authorized to execute and file such articles by a resolution duly adopted at a meeting of the corporation duly called and held as provided in section 8 of this chapter, or upon waiver of notice signed by all the members of the corporation. If by any such amendment to articles of incorporation, the territory proposed to be served by the corporation is to be increased or decreased, the articles of amendment, together with a petition executed by the secretary or assistant secretary of the corporation and praying for the permission of the commission shall be submitted to such commission. Thereupon, the commission shall set said petition for public hearing and shall give notice of the time and place of the hearing one (1) time in at least one (1) newspaper published in each of the counties in which lies any of the territory proposed to be added or omitted by such amendment, which publication shall be at least ten (10) days before such hearing; the cost of such publication shall be paid by the petitioner when filing such petition.

(c) Any interested person may appear, personally or by attorney, at such hearing and aid or oppose the prayer of the petition. After such hearing, the commission shall grant or deny the petition and make its order accordingly.

(d) No amendment increasing or decreasing the territory to be served by such corporation shall be filed in the office of the secretary of state unless there is attached to the amendment a certified copy of an order from the commission consenting to such increase or decrease. Such articles shall be filed in the office of the secretary of state and thereupon the amendment shall be deemed to have been effected.

Formerly: Acts 1935, c.175, s.20; Acts 1937, c.258, s.12; Acts 1939, c.105, s.4. As amended by Acts 1977, P.L.102, SEC.6; P.L.23-1988, SEC.52; P.L.136-2018, SEC.70.
Ind. Code § 8-8-1-7 — Indiana Code / Title 8 / Article 8 / Chapter 1 / Section 8-8-1-7
Brakes; minimum percentage of cars in trains
Status: in_force

Sec. 7. The Indiana department of transportation may, after full hearing and for good cause shown, increase the minimum percentage of cars in any train required to be operated by power or train brakes. A failure to comply with a requirement of the department is subject to a like penalty as a failure to comply with any requirement of this chapter. The department may grant to any common carrier subject to this chapter, upon full hearing and for good cause shown, a reasonable extension of time in which to comply with this chapter. The extension or extensions may not exceed eighteen (18) months.

Formerly: Acts 1907, c.118, s.7. As amended by P.L.62-1984, SEC.106; P.L.384-1987(ss), SEC.70; P.L.18-1990, SEC.80.
Ind. Code § 8-14-15.2-10 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-10
Use of principal to make and secure certain lease rental payments; transfer of money if insufficient grant proceeds are received from the federal government; report by the state budget director
Status: in_force

Sec. 10. (a) The principal of the trust may be used to make and secure lease rental payments that:

(1) are payable from grant proceeds from the federal government; and

(2) will be used to pay bonds or notes issued by the authority pursuant to IC 5-1.3.

(b) If grant proceeds received from the federal government are not in an amount sufficient to pay a lease rental payment described in subsection (a), the authority shall notify the trustee when the lease rental payment is due and the amount of the shortfall. Upon receiving notice from the authority, the trustee shall promptly transfer moneys in the trust in the amount of the shortfall to or at the direction of the authority for the purpose of making the lease rental payment.

(c) If a transfer is made under subsection (b), the state budget director shall transfer funds from the state general fund to the trust, in an amount equal to the transfer made under subsection (b). The state budget director shall submit a report to the budget committee within thirty (30) days after the transfer to the trust.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-1.5-2-6 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-6
Sale of nonsurplus property; terms of ordinance; satisfaction of existing obligations; bid submitted by trust; proceeds; sale for less than appraised value
Status: in_force

Sec. 6. (a) The ordinance adopted by the municipal legislative body under section 5(d) of this chapter must provide for:

(1) the sale or disposition of the municipally owned utility property;

(2) the manner of the sale or disposition;

(3) the price, terms, and conditions of the sale or disposition, which must be consistent with any contractual obligations previously incurred under IC 8-1-2.2; and

(4) the officer or officers who are to execute the proper documents conveying title on behalf of the municipality.

(b) Except as provided in subsection (e), the property may not be sold for less than its full appraised value, as set forth in the appraisal, less the amount of any bonds, liens, or other indebtedness due upon the property, and only in accordance with contractual obligations incurred under IC 8-1-2.2. The indebtedness shall either:

(1) be paid in accordance with the terms and conditions of the instruments governing the indebtedness before the sale; or

(2) be assumed and paid by the purchaser as part of the purchase price of the property.

(c) This subsection applies if a municipal legislative body adopts an ordinance for the sale or disposition of municipally owned utility real property 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.

(d) The proceeds of any sale under this chapter shall be paid into the treasury of the municipality making the sale and become part of the general fund, unless the municipal legislative body adopts an ordinance to provide that the proceeds of the sale shall be paid into a restricted fund to be used only in the manner set forth in the ordinance.

(e) The municipally owned utility property that is the subject of an ordinance adopted under section 5(d) of this chapter may be sold for less than its full appraised value, as set forth in the appraisal, if the municipal legislative body determines that it would be in the municipality's best interests to sell the property for less than its full appraised value so as to result in lower utility rates to be charged by the prospective purchaser to customers of the municipality's municipally owned utility.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.104-1983, SEC.1; P.L.336-1989(ss), SEC.18; P.L.103-2008, SEC.4; P.L.98-2016, SEC.9.
Ind. Code § 8-23-9-46 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-46
Railroad crossings; width of improvements
Status: in_force

Sec. 46. Whenever a highway improvement under section 45 of this chapter is made so as to embrace within its limits the tracks of a railroad, interurban, suburban, or street railroad, the improvement shall be made of sufficient width to give as much room for general travel on the side or sides and outside of the tracks as is given in places where there are no tracks within the improvement.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-1-2.7-14 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-14
Annual reports of utility before return to commission jurisdiction
Status: in_force

Sec. 14. When a utility returns to commission jurisdiction, the commission may order the utility to file an annual report of the operation of its plant for each of the three (3) calendar years immediately preceding its return to commission jurisdiction on a form prescribed by the commission.

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.17; P.L.82-1997, SEC.17; P.L.159-1999, SEC.16.
Ind. Code § 8-1.5-5-3 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-3
"Department" defined
Status: in_force

Sec. 3. As used in this chapter, "department" means the following:

(1) For a consolidated city, the department of public works.

(2) For all other municipalities, the department of storm water management established under section 4 of this chapter.

(3) For a county, the department of storm water management established under section 4.5 of this chapter.

As added by P.L.125-1987, SEC.1. Amended by P.L.93-1993, SEC.4; P.L.98-1993, SEC.2; P.L.282-2003, SEC.5.
Ind. Code § 8-4.5-4-7 — Indiana Code / Title 8 / Article 4.5 / Chapter 4 / Section 8-4.5-4-7
Deposit of revenues
Status: in_force

Sec. 7. If the state acquires any interest in the corridor under this article, all revenues from a railroad's interest in a corridor acquired under this chapter, including payments derived from public utility or other easements, must be deposited in the fund.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.12.
Ind. Code § 8-4-32-8 — Indiana Code / Title 8 / Article 4 / Chapter 32 / Section 8-4-32-8
Repealed
Status: repealed

Formerly: Acts 1863, c.25, s.8. Repealed by Acts 1978, P.L.2, SEC.867.
Ind. Code § 8-1-8.7-1 — Indiana Code / Title 8 / Article 1 / Chapter 8.7 / Section 8-1-8.7-1
"Clean coal technology"
Status: in_force

Sec. 1. As used in this chapter, "clean coal technology" means a technology (including precombustion treatment of coal):

(1) that is used in a new or existing electric generating facility and directly or indirectly reduces airborne emissions of sulfur or nitrogen based pollutants associated with the combustion or use of coal; and

(2) that either:

(A) is not in general commercial use at the same or greater scale in new or existing facilities in the United States as of January 1, 1989; or

(B) has been selected by the United States Department of Energy for funding under its Innovative Clean Coal Technology program and is finally approved for such funding on or after January 1, 1989.

As added by P.L.105-1989, SEC.4.
Ind. Code § 8-4.5-5-12 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-12
Funding commitments
Status: in_force

Sec. 12. The board is solely responsible for all funding commitments and shall determine which projects are funded, subject to availability of money in the fund.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-20-1-15 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-15
Right-of-way
Status: in_force

Sec. 15. A county highway right-of-way may not be laid out that is less than twenty (20) feet on each side of the centerline, exclusive of additional width required for cuts, fills, drainage, utilities, and public safety.

Formerly: Acts 1905, c.167, s.15; Acts 1961, c.137, s.1; Acts 1963, c.123, s.1. As amended by P.L.66-1984, SEC.118; P.L.86-1988, SEC.172; P.L.112-1995, SEC.2.
Ind. Code § 8-23-1.1-24 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-24
"Interstate system"
Status: in_force

Sec. 24. "Interstate system" means the part of the national system of interstate and defense highways located within Indiana as officially designated by the department and approved by the United States Secretary of Commerce under 23 U.S.C.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-15.7-9-4 — Indiana Code / Title 8 / Article 15.7 / Chapter 9 / Section 8-15.7-9-4
Bonds or notes not a debt of the state
Status: in_force

Sec. 4. The bonds or notes issued under this chapter:

(1) constitute the corporate obligations of the authority;

(2) do not constitute an indebtedness of the state within the meaning or application of any constitutional provision or limitation; and

(3) are payable solely as to both principal and interest from:

(A) the revenues from a lease to the department, if any;

(B) proceeds of bonds or notes, if any;

(C) investment earnings on proceeds of bonds or notes; or

(D) other funds available to the authority for such purpose.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-15.7-2-16 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-16
"Qualifying project"
Status: in_force

Sec. 16. "Qualifying project" means one (1) or more projects developed, financed, or operated by an operator under this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1.5-3-3 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-3
Control of utilities; control of storm water facilities in third class cities; ordinance; creation of utility service board
Status: in_force

Sec. 3. (a) The legislative body of a municipality may, by ordinance, provide for the control of any or all of its municipally owned utilities by:

(1) the municipal works board;

(2) a board consisting of the members of the municipal legislative body;

(3) a utility service board established under subsection (f) or established before January 1, 1983, under IC 8-1-2-100 (repealed); or

(4) the board of directors of a department of waterworks established under IC 8-1.5-4.

The legislative body of a third class city also may adopt an ordinance under this subsection to provide for the control of any or all of its storm water facilities by a board described in subdivisions (1) through (4). An ordinance granting control of any or all of a third class city's storm water facilities to a board described in this subsection may be separate from or combined with an ordinance granting control of the third class city's municipally owned utilities to a board described in this subsection.

(b) If, at the time an ordinance is adopted under subsection (a) to grant control of any or all of a third class city's storm water facilities to a board described in subsection (a) the third class city has a department of storm water management under IC 8-1.5-5, the ordinance must specify a procedure for the transition of control of the affected storm water facilities from the board of directors of the department of storm water management to the board described in subsection (a).

(c) The registered voters of a municipality may file a petition addressed to the legislative body requesting that the question of the creation of a utility service board be submitted to a referendum. The petition must be signed by at least the number of the registered voters of the municipality required under IC 3-8-6-3 to place a candidate on the ballot.

(d) Within thirty (30) days after a petition is filed, the municipal clerk shall certify to the legislative body and to the county election board that a sufficient petition has been filed.

(e) Following certification, the legislative body shall submit the question of the creation of a utility service board to a referendum at the next election. The question shall be submitted to the registered voters of the municipality by placement on the ballot in the form prescribed by IC 3-10-9-4 and must state:

"Shall the legislative body of the municipality of _____________ adopt an ordinance providing for the appointment of a utility service board to operate ____________ (Insert name of utility here)?".

(f) If a majority of the voters voting on the question vote for the creation of a utility service board, the legislative body shall, by ordinance, establish a utility service board consisting of not less than three (3) nor more than seven (7) members. All members must be residents of the area served by the board. The ordinance must provide for:

(1) a majority of the members to be appointed by the executive and a minority of the members to be appointed by the legislative body;

(2) the terms of the members, which may not exceed four (4) years, with initial terms prescribed so that the members' terms will be staggered;

(3) the salaries, if any, to be paid to the members; and

(4) the selection by the board of a chairman, who shall not be considered the head of a department for purposes of IC 36-4-9-2.

(g) The registered voters of the municipality may also file a petition requesting that the question of the abolition of the utility service board be submitted to a referendum. The procedure for filing of the petition and the referendum is the same as that prescribed by subsections (c) through (e).

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.16-1983, SEC.6; P.L.3-1987, SEC.500; P.L.12-1995, SEC.100; P.L.282-2003, SEC.1; P.L.164-2019, SEC.3.
Ind. Code § 8-16-5-4 — Indiana Code / Title 8 / Article 16 / Chapter 5 / Section 8-16-5-4
Construction and maintenance; county executive's power
Status: in_force

Sec. 4. The county executive of the county may plan all details, do all things necessary to carry out the work of constructing and maintaining the bridge, and cooperate with the contiguous governmental unit of the adjoining state in building and maintaining the bridge.

Formerly: Acts 1920(2ss), c.25, s.4. As amended by P.L.86-1988, SEC.37.
Ind. Code § 8-15.5-11-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 11 / Section 8-15.5-11-1
"Account"
Status: in_force

Sec. 1. As used in this chapter, "account" refers to an account established within the fund.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-4-5-2 — Indiana Code / Title 8 / Article 4 / Chapter 5 / Section 8-4-5-2
Common name; powers and duties; construction and maintenance
Status: in_force

Sec. 2. It shall be the duty of said companies, upon the adoption of such common name, to cause a copy of the resolution of such boards to be recorded in the recorder's offices of the different counties through which the road of said companies may run or be located; and thereafter, during the term of such association, such companies may have and use a common seal, contract and be contracted with, sue and be sued by such adopted name, in any and all matters relating to such union road; and shall have full power, by such association, to locate, construct, keep up, change, repair, and operate such union road as, by their respective charters and amendments to such charters, they are allowed to do; provided, however, that nothing in this chapter contained shall be construed to abridge such companies of any of the powers and franchises belonging to them by their respective incorporation statutes and amendments to such statutes; and, provided, further, that nothing contained in this chapter shall be construed to prevent said companies from suing and being sued in their original corporate names, for all rights accrued and for all liabilities incurred before the adoption of such common name.

Formerly: Acts 1853, c.84, s.2. As amended by P.L.62-1984, SEC.47.
Ind. Code § 8-5-15-16 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-16
Exercise of powers under this chapter for benefit of people of Indiana; tax exemption
Status: in_force

Sec. 16. (a) The exercise of the powers granted by this chapter is in all respects for the benefit of the people of Indiana, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions.

(b) As the operation and maintenance of a railroad project by the board will constitute the performance of essential governmental functions, the board shall not be required to pay any taxes or assessments upon any railroad project or any property acquired or used by the board under this chapter, or upon the income from it, and the bonds issued under this chapter, the interest on them, the proceeds received by a holder from the sale of the bonds to the extent of the holder's cost of acquisition, or proceeds received upon redemption before maturity or proceeds received at maturity, and the receipt of the interest and proceeds are exempt from taxation in Indiana as provided in IC 6-8-5.

As added by P.L.64-1984, SEC.12. Amended by P.L.3-1990, SEC.30.
Ind. Code § 8-4-1-0.6 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-0.6
"Railroad"
Status: in_force

Sec. 0.6. As used in this chapter, "railroad" includes a rail carrier.

As added by P.L.146-2017, SEC.4.
Ind. Code § 8-1-30.3-7 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-7
Repealed
Status: repealed

As added by P.L.189-2015, SEC.1. Repealed by P.L.71-2022, SEC.5.
Ind. Code § 8-15-3-13 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-13
Acquisition of property
Status: in_force

Sec. 13. The department may acquire in the name of the state, by purchase or otherwise, on the terms and conditions and in the manner that the department considers proper or by the exercise of the right of condemnation as prescribed by this chapter, that public or private property (including public parks, playgrounds, or reservations, including parts of them or rights in them, rights-of-way, property rights, easements, and interests) that the department considers necessary for carrying out this chapter.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-2.1-22-12 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-12
Repealed
Status: repealed

As added by P.L.99-1989, SEC.13. Repealed by P.L.110-1995, SEC.35.
Ind. Code § 8-21-1-4 — Indiana Code / Title 8 / Article 21 / Chapter 1 / Section 8-21-1-4
Repealed
Status: repealed

Formerly: Acts 1945, c.360, s.4; Acts 1975, P.L.93, SEC.4. As amended by Acts 1979, P.L.17, SEC.9. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-6-2.1-7 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-7
Acquisition of property; cost agreements
Status: in_force

Sec. 7. (a) For the purposes of this chapter, the board may acquire, or order to be acquired, lands, rights-of-way and other property within the city and within five (5) miles outside the corporate limits of the city. All lands, rights-of-way and other property necessary to be acquired in connection with the improvement may be acquired by the board in the name of the city, or the board may, in the resolution, order and require the railroad to acquire any portion of the same as will permanently be occupied or used by the railroad. In the latter event, the railroad shall acquire the lands, rights-of-way, or other property specified in the resolution, either by purchase or by appropriation in the manner prescribed by statute.

(b) If the work and changes provided for in the maps, plans and specifications adopted in the resolution affects the tracks or other facilities of more than one (1) railroad company, the railroad companies affected may, prior to the final confirmation of the resolution, file with the board their written agreement allocating between the companies the cost to be borne by each of them respectively.

(c) If the railroad companies fail to enter into a cost agreement, the board shall incorporate in the resolution, before final confirmation, a provision fixing the relative amount of costs to be borne as between the railroad companies.

[Pre-Local Government Recodification Citation: 19-5-14-7.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-19-3-3 — Indiana Code / Title 8 / Article 19 / Chapter 3 / Section 8-19-3-3
Repealed
Status: repealed

Formerly: Acts 1921, c.178, s.3. As amended by P.L.66-1984, SEC.115; P.L.8-1987, SEC.13. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-1-2-101.6 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-101.6
"Capacity related fee"; "contributions in aid of construction"; "local unit"; "tap fee"; "utility"; "utility infrastructure"; capacity related fee or tap fee established after June 30, 2022; prohibition against inclusion of contributions in aid of construction; property owner's right to request meeting with local unit or utility; petition to commission; right to appeal
Status: in_force

Sec. 101.6. (a) As used in this section, "capacity related fee" means a fee to recover the cost of capacity as new customers connect to a water or wastewater system. The term includes the following:

(1) A system development charge.

(2) An availability fee.

(3) An interceptor fee.

The term does not include any fee or charge imposed in connection with a water main extension or a wastewater main extension described in section 101.5 of this chapter.

(b) As used in this section, "contributions in aid of construction", with respect to utility infrastructure, means any amount of money, services, or property that:

(1) is received by a local unit or a utility from any person, developer, or governmental agency for the installation or extension of the utility infrastructure;

(2) is provided at no cost to the local unit or utility; and

(3) includes:

(A) fees or charges paid by any person or developer;

(B) contributions, grants, or forgivable loans from governmental agencies; and

(C) any other money or property provided at no cost to the local unit or utility.

(c) As used in this section, "local unit" means:

(1) a county; or

(2) a municipality;

that provides water service or wastewater service, or both, to the public and that is not under the jurisdiction of the commission for the approval of rates and charges with respect to the water service or wastewater service that is provided.

(d) As used in this section, "tap fee" means a fee or charge imposed by a local unit or a utility for an actual physical connection to the local unit's or the utility's utility infrastructure. The term does not include any fee or charge imposed in connection with a water main extension or a wastewater main extension described in section 101.5 of this chapter.

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

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

(2) municipally owned utility (as defined in section 1(h) of this chapter), including a sewer utility operated under IC 36-9-23 or IC 36-9-25;

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

(4) cooperatively owned corporation;

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

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

that provides water service or wastewater service, or both, to the public and that is not under the jurisdiction of the commission for the approval of rates and charges with respect to the water service or wastewater service that is provided.

(f) As used in this section, "utility infrastructure" means mains, service lines, pumps, and other facilities or infrastructure used to provide water or wastewater service.

(g) A local unit or a utility may not calculate and then charge, attempt to charge, or collect any capacity related fee or tap fee that:

(1) is established after June 30, 2022; and

(2) includes contributions in aid of construction.

(h) After June 30, 2022, if a local unit or a utility calculates and then charges or attempts to charge any property owner, including a developer of the property, a capacity related fee or a tap fee either of which is established after June 30, 2022, and that is based, in whole or in part, on contributions in aid of construction, the property owner is entitled to request, not later than thirty (30) days after the date the capacity related fee or tap fee is imposed by the local unit or the utility, to meet with the local unit or the utility to review:

(1) the engineering and financial analyses the capacity related fee or tap fee was based on; and

(2) if applicable, the ordinance adopting the capacity related fee or tap fee.

A local unit or a utility shall, not later than thirty (30) days after receipt of a property owner's request under this subsection, meet with the property owner for a review described in this subsection.

(i) If a meeting and review held under subsection (h) does not result in a satisfactory resolution, the property owner may, not later than seven (7) days after the date of the meeting, file with the commission a petition challenging the capacity related fee or tap fee. If the commission determines the capacity related fee or tap fee is based in whole or in part on contributions in aid of construction, the commission shall:

(1) invalidate the capacity related fee or tap fee; or

(2) modify the capacity related fee or tap fee to comply with this section.

A property owner's right to file a petition with the commission under this subsection is in addition to any other rights or remedies the property owner may have by law or contract. The commission is not precluded from reviewing a capacity related fee or tap fee under this subsection because of a prior challenge to the capacity related fee or tap fee under another law. A party adversely affected by a determination of the commission under this subsection is entitled to appeal the determination under the same appeal procedures set forth in IC 8-1-3.

As added by P.L.167-2022, SEC.1.
Ind. Code § 8-22-3-4.4 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-4.4
General assembly findings regarding board of Indianapolis Airport Authority
Status: in_force

Sec. 4.4. The general assembly finds that development of the certified air carrier airport, owned and operated by the Indianapolis Airport Authority, may impact persons residing outside Marion County but within close proximity to the airport. In order to address the concerns of these persons, the general assembly finds that it is appropriate to appoint to the board of the Indianapolis Airport Authority (described in section 4.1 of this chapter) a member from Morgan County.

As added by P.L.220-2011, SEC.204. Amended by P.L.74-2018, SEC.3.
Ind. Code § 8-1-8.5-6.5 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-6.5
Rates; recovery of costs
Status: in_force

Sec. 6.5. Absent fraud, concealment, or gross mismanagement, a utility shall recover through rates the actual costs the utility has incurred in reliance on a certificate issued under this chapter, and as modified under sections 5.5 and 6 of this chapter as follows:

(1) If a facility has been found to be completed and the facility's construction has been subject to ongoing review under section 6(a) of this chapter, the costs of construction approved by the commission during the ongoing review shall be included in the utility's rate base without further commission review.

(2) If a facility has been found to be completed and the facility's construction is subject to subsequent review under section 6(d) of this chapter, the costs of construction that do not exceed the estimate found under section 5(b)(1) of this chapter shall be included in the utility's rate base, except for costs that are shown to result from inadequate quality controls. However, inclusion of costs in excess of the estimate found by the commission under section 5(b)(1) of this chapter in the utility's rate base is not permitted unless shown by the utility in construction of that facility to be necessary and prudent.

(3) If a facility has been canceled as a result of the modification or revocation of the certificate under section 5.5 or 6 of this chapter and the facility's construction has been subject to ongoing review under section 6(a) of this chapter (including reviews after cancellation), the costs of construction approved by the commission during the review shall be recovered by the utility by inclusion in rates and amortization over a reasonable time to be determined by the commission. The utility shall be permitted to earn a return, computed using the utility's authorized rate of return, on the unamortized balance.

(4) If a facility has been canceled as a result of the modification or revocation of the certificate under section 5.5 or 6 of this chapter and the facility's construction is subject to subsequent review under section 6(d) of this chapter, the costs of construction incurred before cancellation that were included in the estimate found under section 5(b)(1) of this chapter and that have not been shown to result from inadequate quality controls shall be recovered by the utility by inclusion in rates and amortization over a reasonable time to be determined by the commission. The utility shall be permitted to earn a return, computed using the utility's authorized rate of return, on the unamortized balance. However, costs that were not included in the estimate found by the commission under section 5(b)(1) of this chapter may not be included in rates unless shown by the utility in construction of that facility to be necessary and prudent.

As added by P.L.53-1992, SEC.7.
Ind. Code § 8-14-15.2-6 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-6
Trust agreement
Status: in_force

Sec. 6. The chairperson of the authority shall enter into a trust agreement on behalf of the authority with the treasurer of state in conformity with IC 30-4-2-1. Any provision of the trust agreement entered into under this section that is inconsistent with the provisions or intent of this chapter is void and of no further force or effect.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-17-1-23 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-23
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.24. As amended by P.L.86-1988, SEC.87. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-5-15-26 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-26
Petition to discontinue rail passenger service; acquisition of property
Status: in_force

Sec. 26. If a petition is filed by the system under the Interstate Commerce Act to discontinue rail passenger service, the district may take the necessary action to acquire the system's passenger and freight properties under sections 5(a)(12) and 5(a)(13) of this chapter and, if necessary, exercise the power of eminent domain under section 15 of this chapter.

As added by P.L.385-1987(ss), SEC.18.
Ind. Code § 8-15.5-4-12 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-12
Action to contest validity of public-private agreement
Status: in_force

Sec. 12. Any action to contest the validity of a public-private agreement or any underlying agreement related to the public-private project that is entered into under this article may not be brought after the fifteenth day following the publication of the notice of the designation of an operator under the public-private agreement as provided in section 11 of this chapter.

As added by P.L.47-2006, SEC.39. Amended by P.L.91-2014, SEC.25.
Ind. Code § 8-1-17-2.1 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-2.1
Not-for-profit corporations formed under Acts 1935, c. 157; amended articles of incorporation
Status: in_force

Sec. 2.1. (a) If the requirements of subsection (b) are met, a local cooperative telephone corporation formed under Acts 1935, c.157 is considered to be a communications cooperative corporation formed under this chapter and is subject to its requirements and not the requirements of IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17.

(b) A local cooperative telephone corporation described in subsection (a) shall amend its articles of incorporation in accordance with IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17 to conform to the requirements of this chapter and shall submit a copy of its amended articles to the commission for approval. After examining the articles, the commission shall approve the amended articles if they conform to the requirements of this chapter. The commission may approve the amended articles without conducting a hearing. The secretary of state may not issue a certificate of amendment before the commission approves the amended articles under this subsection.

(c) The certificate of public convenience and necessity or certificate of territorial authority previously issued to a local cooperative telephone corporation described in subsection (a) shall serve as the certificate required under section 6 of this chapter (before its repeal July 1, 2009).

(d) Subsection (a) applies to a local telephone cooperative corporation as of the date the secretary of state issues a certificate of amendment under IC 23-7-1.1-26 (before its repeal August 1, 1991) or IC 23-17-17.

(e) The local cooperative telephone corporation shall record the amended articles of incorporation in the county where the local cooperative telephone corporation has its principal office.

As added by P.L.122-1987, SEC.1. Amended by P.L.179-1991, SEC.13; P.L.96-1993, SEC.1; P.L.27-2006, SEC.40; P.L.81-2020, SEC.5.