Ind. Code § 8-1-44-14 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-14
Petition to incur eligible project development costs; commission's review; considerations; final order; commission's best estimate of eligible project development costs; petition for cost recovery; deferral of percentage of costs for recovery in next general rate case; period of recovery; project canceled or not completed; election to defer and amortize eligible project development costs
Status: in_force

Sec. 14. (a) An eligible utility may:

(1) simultaneously with filing a petition under section 13 of this chapter for approval to participate in the program; or

(2) at any time after filing a petition under section 13 of this chapter for approval to participate in the program;

file with the commission a petition for approval to incur, before obtaining a CPCN for the project to be developed under the program, eligible project development costs. The eligible utility must file with the petition the eligible utility's case in chief, which must contain the information and supporting documentation regarding the factors the commission must consider under subsection (b).

(b) In reviewing a petition and the supporting case in chief under this section, the commission shall consider the following:

(1) The timeline set forth by the eligible utility under section 13(a)(7) of this chapter in the eligible utility's petition for approval to participate in the program.

(2) The amount of eligible project development costs the eligible utility anticipates incurring.

(c) The commission shall review a petition filed under this section and issue a final order approving or denying the petition not later than one hundred eighty (180) days after receiving the petition and complete case in chief. However, if the commission makes a docket entry extending the procedural schedule and the eligible utility does not object to the entered extension, the commission may extend the one hundred eighty (180) day time frame for issuing a final order under this subsection for the amount of time set forth in the docket entry. In an order approving a petition under this section, the commission must make a finding as to the best estimate and reasonableness of eligible project development costs based on the evidence of record. If the commission denies the eligible utility's petition under section 13 of this chapter for approval to participate in the program, and the eligible utility seeks to pursue the development of an SMR outside the program, the eligible utility may:

(1) proceed to develop an SMR under the procedures set forth in IC 8-1-8.5-12.1; and

(2) request that the eligible utility's petition to incur eligible project development costs under this section be considered a petition to incur project development costs under IC 8-1-8.5-12.1, subject to the eligible utility's right to supplement or revise the petition submitted under this section as necessary.

However, an eligible utility or any other public utility (as defined in IC 8-1-8.5-1) that seeks to incur project development costs under IC 8-1-8.5-12.1 may recover under IC 8-1-8.5-12.1 only those project development costs that have not been and will not be recovered by the eligible utility or the public utility through contributions of any money, services, or property that have been or will be provided at no cost to the eligible utility or the public utility by any third party.

(d) If an eligible utility has received approval from the commission under subsection (c) to incur eligible project development costs, the eligible utility may, at any time before or during the development and execution of the project approved under the program, petition the commission for the approval of a rate schedule that periodically adjusts the eligible utility's rates and charges to provide for the timely recovery of eligible project development costs.

(e) If, after reviewing an eligible utility's proposed rate schedule in a petition filed under subsection (d), the commission determines that the eligible utility has incurred or will incur eligible project development costs that are:

(1) reasonable in amount;

(2) necessary to support the development of a project under the program; and

(3) consistent with the commission's finding as to the best estimate of eligible project development costs in the commission's order of approval under subsection (c);

the commission shall approve the recovery of the eligible project development costs, subject to subsections (f) and (g). However, an eligible utility may not file adjustments to a rate schedule to adjust for cost recovery approved under this subsection more than one (1) time every twelve (12) months.

(f) An eligible utility that recovers eligible project development costs under subsection (e) shall recover eighty percent (80%) of the approved eligible project development costs under the rate schedule approved under subsection (e) and shall defer the remaining twenty percent (20%) of approved eligible project development costs, including, to the extent applicable, depreciation, allowance for funds used during construction, and post in service carrying costs, based on the overall cost of capital most recently approved by the commission, and shall recover those eligible project development costs as part of the next general rate case that the eligible utility files with the commission.

(g) The recovery of an eligible utility's eligible project development costs through a periodic rate adjustment mechanism approved by the commission under subsection (e) must occur over a period that is equal to:

(1) the period over which the approved eligible project development costs are incurred; or

(2) three (3) years;

whichever is less.

(h) Eligible project development costs that are found by the commission to be reasonable, necessary, and consistent with the best estimate of eligible project development costs in the commission's order of approval under subsection (c) shall be recovered by an eligible utility by inclusion in the eligible utility's rates and charges. Eligible project development costs that are incurred by an eligible utility and that exceed the best estimate of eligible project development costs under subsection (c) may not be included in the eligible utility's rates and charges unless found by the commission to be reasonable, necessary, and prudent in supporting the development of the project for which they were incurred. Eligible project development costs that are incurred by an eligible utility for a project that is canceled or not completed may be recovered by the eligible utility if found by the commission to be reasonable, necessary, and prudently incurred, but such costs shall be recovered without a return unless the commission also finds that:

(1) the decision to cancel or not complete the project was prudently made for good cause;

(2) the eligible project development costs incurred will be offset, as applicable, by:

(A) funding opportunities from the United States Department of Energy that are pursued in good faith by the eligible utility;

(B) a recoupment of revenues received by the eligible utility from one (1) or more third parties for the transfer of assets created through the costs incurred; or

(C) a reimbursement of costs by a single customer or prospective customer at whose request the project was pursued; and

(3) a return on the eligible project development costs incurred is appropriate under the circumstances to avoid harm to the eligible utility and its customers.

(i) An eligible utility may elect not to seek approval of, or cost recovery for, eligible project development costs under this section and instead seek approval from the commission to defer and amortize eligible project development costs in accordance with the procedures set forth in IC 8-1-8.5-6.5 with respect to construction costs.

As added by P.L.137-2025, SEC.1. Amended by P.L.23-2026, SEC.53.
Ind. Code § 8-17-8-3 — Indiana Code / Title 8 / Article 17 / Chapter 8 / Section 8-17-8-3
Maps; sale and free distribution
Status: in_force

Sec. 3. The maps shall be available to all units of government free of charge. The maps shall be available to the general public at a charge to be determined by the county plan commission or county executive. Money received from the sale of the maps shall be deposited in the county general fund.

Formerly: Acts 1953, c.28, s.3. As amended by P.L.86-1988, SEC.137; P.L.3-1989, SEC.67.
Ind. Code § 8-23-20.5-4 — Indiana Code / Title 8 / Article 23 / Chapter 20.5 / Section 8-23-20.5-4
Outdoor advertising signs incapable of relocation; appraisal
Status: in_force

Sec. 4. (a) If an outdoor advertising sign cannot be relocated within the market area, a court presiding over an action under IC 32-24 shall order, subject to IC 32-24-1-9:

(1) if an appraisal has not already been submitted to the court, an appraisal; or

(2) if an appraisal has already been submitted to the court, a new appraisal;

with instructions to the appraisers that the outdoor advertising sign is not capable of relocation and must be appraised using the method described in IC 8-23-20-27.

(b) If a new appraisal is ordered under subsection (a), the new appraisal may not affect any possession rights obtained under IC 32-24-1-10.

(c) If a new appraisal is ordered under subsection (a), any party to the action may file exceptions to the new appraisal with the court not later than forty-five (45) days after the appraisal report is mailed.

As added by P.L.97-2022, SEC.4.
Ind. Code § 8-4-17-2 — Indiana Code / Title 8 / Article 4 / Chapter 17 / Section 8-4-17-2
Repealed
Status: repealed

Formerly: Acts 1877(ss), c.31, s.2. Repealed by Acts 1975, P.L.81, SEC.2.
Ind. Code § 8-1-8.5-3.6 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-3.6
"Electric utility"; "interconnection service"; "surplus interconnection service"; "third party facility"; integrated resource plans filed after December 31, 2029; analysis of potential use of surplus interconnection service at utility owned facilities; solicitations regarding potential use at third party facilities; proposed use exceeding amount available
Status: in_force

Sec. 3.6. (a) As used in this section, "electric utility" refers to an electric utility listed in 170 IAC 4-7-2(a).

(b) As used in this section, "interconnection service" refers to a service that is:

(1) established in a standard large generator interconnection agreement, as defined in the Federal Energy Regulatory Commission's pro forma Large Generator Interconnection Procedures for electric generating facilities having a generating facility capacity of more than twenty (20) megawatts;

(2) provided by an electric transmission provider; and

(3) associated with interconnecting a generating facility with the transmission provider's transmission system and enabling the transmission system to receive electric energy and capacity from the generating facility at the point of interconnection.

(c) As used in this section, "surplus interconnection service" means any portion of interconnection service that:

(1) has not been used; and

(2) is not reasonably expected to be needed;

the use of which would result in the total amount of interconnection service at the point of interconnection remaining the same.

(d) As used in this section, "third party facility", with respect to an electric utility, means a generating facility that is not owned or operated by the electric utility or an affiliate of the electric utility.

(e) In any integrated resource plan filed with the commission under 170 IAC 4-7 after December 31, 2029, an electric utility must include an analysis of the potential for surplus interconnection service to meet immediate needs for capacity and energy at facilities owned by the electric utility. In performing the analysis required under this subsection, an electric utility shall assess the potential use of surplus interconnection service at utility owned facilities with surplus interconnection service greater than twenty (20) megawatts. In addition, the electric utility may solicit information concerning the potential use of surplus interconnection service at third party facilities, including the willingness of the owners or operators of third party facilities to accommodate surplus interconnection service. The electric utility may include in its integrated resource plan the results of a solicitation made under this subsection to the extent that the electric utility receives information concerning viable opportunities for the use of surplus interconnection service at the third party facilities considered in the solicitation.

(f) In an integrated resource plan filed with the commission after December 31, 2029, an electric utility may include, in addition to the information set forth in subsection (e), the proposed use of more than one hundred percent (100%) of the surplus interconnection service at a utility owned facility or a third party facility so as to facilitate the use of the entire interconnection service established for the facility in a standard large generator interconnection agreement, so long as the use of the proposed surplus interconnection service when combined with the existing used capacity does not exceed the total interconnection service established for the facility in the standard large generator interconnection agreement.

As added by P.L.126-2026, SEC.1.
Ind. Code § 8-1-8.5-13 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-13
Public utilities' annual resource planning reports; three-year forecast; contents; plans to retire or refuel generation resource; replacement capacity; commission staff reports on planned retirements; commission's review of reports; required investigations; public utility's request for investigation; approval of certificate constitutes approval for required investigation; order to acquire or construct resources or prohibiting retirement or refueling; time frame for order; appeal of order; cost recovery for continued operation; information in commission's annual report
Status: in_force

Sec. 13. (a) The general assembly finds that it is in the public interest to support the reliability, availability, and diversity of electric generating capacity in Indiana for the purpose of providing reliable and stable electric service to customers of public utilities.

(b) As used in this section, "appropriate regional transmission organization", with respect to a public utility, refers to the regional transmission organization approved by the Federal Energy Regulatory Commission for the control area that includes the public utility's assigned service area (as defined in IC 8-1-2.3-2).

(c) As used in this section, "capacity market" means an auction conducted by an appropriate regional transmission organization to determine a market clearing price for capacity based on the planning reserve margin requirements established by the appropriate regional transmission organization for a planning year with respect to which an auction has not yet been conducted.

(d) As used in this section, "fall unforced capacity", or "fall UCAP", with respect to an electric generating facility, means:

(1) the capacity value of the electric generating facility's installed capacity rate adjusted for the electric generating facility's average forced outage rate for the fall period, calculated as required by the appropriate regional transmission organization or by the Federal Energy Regulatory Commission;

(2) a metric that is similar to the metric described in subdivision (1) and that is required by the appropriate regional transmission organization; or

(3) if the appropriate regional transmission organization does not require a metric described in subdivision (1) or (2), a metric that:

(A) can be used to demonstrate that a public utility has sufficient capacity to:

(i) provide reliable electric service to Indiana customers for the fall period; and

(ii) meet its planning reserve margin requirement and other federal reliability requirements described in subsection (n)(6); and

(B) is acceptable to the commission.

(e) As used in this section, "MISO" refers to the regional transmission organization known as the Midcontinent Independent System Operator that operates the bulk power transmission system serving most of the geographic territory in Indiana.

(f) As used in this section, "planning reserve margin requirement", with respect to a public utility for a particular resource planning year, means the planning reserve margin requirement for that planning year that the public utility is obligated to meet in accordance with the public utility's membership in the appropriate regional transmission organization.

(g) As used in this section, "refuel" or "refueling" means a planned fuel conversion from one fuel source to another fuel source with respect to an electric generation resource with a nameplate capacity of at least one hundred twenty-five (125) megawatts by a public utility.

(h) As used in this section, "reliability adequacy metrics", with respect to a public utility, means calculations used to demonstrate all of the following:

(1) Subject to subsection (u)(2), that the public utility:

(A) has in place sufficient summer UCAP; or

(B) can reasonably acquire not more than:

(i) thirty percent (30%) of its total summer UCAP from capacity markets, with respect to a report filed with the commission under subsection (n) before July 1, 2023; or

(ii) fifteen percent (15%) of its total summer UCAP from capacity markets, with respect to a report filed with the commission under subsection (n) after June 30, 2023;

such that it will have sufficient summer UCAP;

to provide reliable electric service to Indiana customers, and to meet its planning reserve margin requirement and other federal reliability requirements described in subsection (n)(6).

(2) Subject to subsection (u)(2), that the public utility:

(A) has in place sufficient winter UCAP; or

(B) can reasonably acquire not more than:

(i) thirty percent (30%) of its total winter UCAP from capacity markets, with respect to a report filed with the commission under subsection (n) before July 1, 2023; or

(ii) fifteen percent (15%) of its total winter UCAP from capacity markets, with respect to a report filed with the commission under subsection (n) after June 30, 2023;

such that it will have sufficient winter UCAP;

to provide reliable electric service to Indiana customers, and to meet its planning reserve margin requirement and other federal reliability requirements described in subsection (n)(6).

(3) Subject to subsection (u)(2), with respect to a report filed with the commission under subsection (n) after June 30, 2026, that the public utility:

(A) has in place sufficient spring UCAP; or

(B) can reasonably acquire not more than fifteen percent (15%) of its total spring UCAP from capacity markets, such that it will have sufficient spring UCAP;

to provide reliable electric service to Indiana customers, and to meet its planning reserve margin requirement and other federal reliability requirements described in subsection (n)(6).

(4) Subject to subsection (u)(2), with respect to a report filed with the commission under subsection (n) after June 30, 2026, that the public utility:

(A) has in place sufficient fall UCAP; or

(B) can reasonably acquire not more than fifteen percent (15%) of its total fall UCAP from capacity markets, such that it will have sufficient fall UCAP;

to provide reliable electric service to Indiana customers, and to meet its planning reserve margin requirement and other federal reliability requirements described in subsection (n)(6).

(i) As used in this section, "retire" or retirement" means a planned permanent ceasing of electric generation operations with respect to an electric generation resource with a nameplate capacity of at least one hundred twenty-five (125) megawatts by a public utility.

(j) As used in this section, "spring unforced capacity", or "spring UCAP", with respect to an electric generating facility, means:

(1) the capacity value of the electric generating facility's installed capacity rate adjusted for the electric generating facility's average forced outage rate for the spring period, calculated as required by the appropriate regional transmission organization or by the Federal Energy Regulatory Commission;

(2) a metric that is similar to the metric described in subdivision (1) and that is required by the appropriate regional transmission organization; or

(3) if the appropriate regional transmission organization does not require a metric described in subdivision (1) or (2), a metric that:

(A) can be used to demonstrate that a public utility has sufficient capacity to:

(i) provide reliable electric service to Indiana customers for the spring period; and

(ii) meet its planning reserve margin requirement and other federal reliability requirements described in subsection (n)(6); and

(B) is acceptable to the commission.

(k) As used in this section, "summer unforced capacity", or "summer UCAP", with respect to an electric generating facility, means:

(1) the capacity value of the electric generating facility's installed capacity rate adjusted for the electric generating facility's average forced outage rate for the summer period, calculated as required by the appropriate regional transmission organization or by the Federal Energy Regulatory Commission; or

(2) a metric that is similar to the metric described in subdivision (1) and that is required by the appropriate regional transmission organization.

(l) As used in this section, "winter unforced capacity", or "winter UCAP", with respect to an electric generating facility, means:

(1) the capacity value of the electric generating facility's installed capacity rate adjusted for the electric generating facility's average forced outage rate for the winter period, calculated as required by the appropriate regional transmission organization or by the Federal Energy Regulatory Commission;

(2) a metric that is similar to the metric described in subdivision (1) and that is required by the appropriate regional transmission organization; or

(3) if the appropriate regional transmission organization does not require a metric described in subdivision (1) or (2), a metric that:

(A) can be used to demonstrate that a public utility has sufficient capacity to:

(i) provide reliable electric service to Indiana customers for the winter period; and

(ii) meet its planning reserve margin requirement and other federal reliability requirements described in subsection (n)(6); and

(B) is acceptable to the commission.

(m) A public utility that owns and operates an electric generating facility serving customers in Indiana shall operate and maintain the facility using good utility practices and in a manner:

(1) reasonably intended to support the provision of reliable and economic electric service to customers of the public utility;

(2) reasonably consistent with the resource reliability requirements of MISO or any other appropriate regional transmission organization; and

(3) reasonably maximizes the economic value of the electric generating facility.

(n) Not later than thirty (30) days after the deadline for submitting an annual planning reserve margin report to MISO, each public utility providing electric service to Indiana customers shall, regardless of whether the public utility is required to submit an annual planning reserve margin report to MISO, file with the commission a report, in a form specified by the commission, that provides the following information for each of the next three (3) resource planning years, beginning with the planning year covered by the planning reserve margin report to MISO described in this subsection:

(1) The:

(A) capacity;

(B) location; and

(C) fuel source;

for each electric generating facility that is owned and operated by the electric utility and that will be used to provide electric service to Indiana customers.

(2) With respect to a report submitted to the commission after December 31, 2025, the amount of generating resource capacity or energy, or both, that the public utility plans to retire and that is owned and operated by the public utility and used to provide retail electric service in Indiana, including the:

(A) capacity;

(B) location;

(C) fuel source; and

(D) planned retirement date;

for each electric generating facility. The public utility must include information as to whether the planned retirement is required in order to comply with environmental laws, regulations, or court orders, including consent decrees, that are or will be in effect at the time of the planned retirement. In addition, the public utility must provide its economic rationale for the planned retirement, including anticipated ratepayer impacts, and information concerning the public utility's plan or plans with respect to the amount of replacement capacity identified to provide approximately the same accredited capacity within the appropriate regional transmission organization as the amount of capacity of the facility to be retired.

(3) With respect to a report submitted to the commission after December 31, 2025, the amount of generating resource capacity or energy, or both, that the public utility plans to refuel, including the:

(A) capacity;

(B) location;

(C) existing fuel source;

(D) proposed fuel source; and

(E) planned completion date of the refueling;

with respect to each electric generating facility that the public utility plans to refuel. The public utility must provide its economic rationale for the planned refueling, including anticipated ratepayer impacts, and information concerning the public utility's plan or plans with respect to the extent to which the refueling will maintain or increase the current generating resource accredited capacity or energy, or both, that the electric generating facility provides, so as to provide approximately the same accredited capacity within the appropriate regional transmission organization.

(4) The amount of generating resource capacity or energy, or both, that the public utility has procured under contract and that will be used to provide electric service to Indiana customers, including the:

(A) capacity;

(B) location; and

(C) fuel source;

for each electric generating facility that will supply capacity or energy under the contract, to the extent known by the public utility.

(5) The amount of demand response resources available to the public utility under contracts and tariffs.

(6) The following:

(A) The planning reserve margin requirements established by MISO for the planning years covered by the report, to the extent known by the public utility with respect to any particular planning year covered by the report.

(B) If applicable, any other planning reserve margin requirement that:

(i) applies to the planning years covered by the report; and

(ii) the public utility is obligated to meet in accordance with the public utility's membership in an appropriate regional transmission organization;

to the extent known by the public utility with respect to any particular planning year covered by the report.

(C) Other federal reliability requirements that the public utility is obligated to meet in accordance with its membership in an appropriate regional transmission organization with respect to the planning years covered by the report, to the extent known by the public utility with respect to any particular planning year covered by the report.

For each planning reserve margin requirement reported under clause (A) or (B), the public utility shall include a comparison of that planning reserve margin requirement to the planning reserve margin requirement established by the same regional transmission organization for the 2021-2022 planning year.

(7) The reliability adequacy metrics of the public utility, as forecasted for the three (3) planning years covered by the report.

(o) Upon request by a public utility, the commission shall determine whether information provided in a report filed by the public utility under subsection (n):

(1) is confidential under IC 5-14-3-4 or is a trade secret under IC 24-2-3;

(2) is exempt from public access and disclosure by Indiana law; and

(3) shall be treated as confidential and protected from public access and disclosure by the commission.

(p) A joint agency created under IC 8-1-2.2 may file the report required under subsection (n) as a consolidated report on behalf of any or all of the municipally owned utilities that make up its membership.

(q) A:

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

(2) general district corporation within the meaning of IC 8-1-13-23;

may file the report required under subsection (n) as a consolidated report on behalf of any or all of the cooperatively owned electric utilities that it serves.

(r) In reviewing a report filed by a public utility under subsection (n), the commission may request technical assistance from MISO or any other appropriate regional transmission organization in determining:

(1) the planning reserve margin requirements or other federal reliability requirements that the public utility is obligated to meet, as described in subsection (n)(6); and

(2) whether the resources available to the public utility under subsections (n)(1) through (n)(5) will be adequate to support the provision of reliable electric service to the public utility's Indiana customers.

(s) With respect to a report submitted under subsection (n) after December 31, 2025, commission staff shall review the reports submitted by public utilities and shall, not later than ninety (90) days after the date of submission of the reports, submit to the commission a staff report concerning any planned retirements included in the reports under subsection (n)(2). The report must make recommendations to the commission based on whether each planned retirement:

(1) is consistent with the standards set forth in subsection (m);

(2) will be replaced with an amount of replacement capacity that will provide approximately the same accredited capacity within the appropriate regional transmission organization as the amount of capacity of the facility to be retired;

(3) will not adversely and unreasonably impact a public utility's ability to provide safe, reliable, and economical electric utility service to the public utility's customers;

(4) will result in the provision to Indiana customers of electric utility service with the attributes of:

(A) reliability;

(B) affordability;

(C) resiliency;

(D) stability; and

(E) environmental sustainability;

as set forth in IC 8-1-2-0.6; and

(5) is required in order to comply with environmental laws, regulations, or court orders, including consent decrees, that are or will be in effect at the time of the planned retirement.

(t) The commission shall make the staff reports prepared under subsection (s) publicly available by posting the staff reports on the commission's website. Upon the posting of a staff report on the commission's website, the commission shall accept public comments on the report for a period not to exceed thirty (30) days after the date of posting.

(u) If, after reviewing a report filed by a public utility under subsection (n) and any staff report prepared with respect to the public utility under subsection (s), the commission is not satisfied that the public utility can either:

(1) satisfy both:

(A) its planning reserve margin requirement or other federal reliability requirements that the public utility is obligated to meet, as described in subsection (n)(6); and

(B) the reliability adequacy metrics set forth in subsection (h); or

(2) provide sufficient reason as to why the public utility is unable to satisfy both:

(A) its planning reserve margin requirement or other federal reliability requirements that the public utility is obligated to meet, as described in subsection (n)(6); and

(B) the reliability adequacy metrics set forth in subsection (h);

during one (1) more of the planning years covered by the report, the commission shall conduct an investigation under IC 8-1-2-58 through IC 8-1-2-60 as to the reasons for the public utility's potential inability to meet the requirements described in subdivision (1) or provide sufficient reason as to that inability, as described in subdivision (2). In addition, if the public utility has indicated in its report under subsection (n)(2) that it plans to retire an electric generating facility within one (1) year of the date of the report, the commission must conduct an investigation under IC 8-1-2-58 through IC 8-1-2-60 as to the reasons for the public utility's potential inability to meet the requirements described in subdivision (1) or provide sufficient reason as to that inability, as described in subdivision (2). However, a public utility may request, not earlier than three (3) years before the planned retirement date of an electric generation facility, that the commission conduct an investigation under IC 8-1-2-58 through IC 8-1-2-60, for the purposes described in this subsection, with respect to the planned retirement. If the commission conducts an investigation at the request of a public utility within the three (3) year period before the planned retirement date of an electric generation facility, the commission may not conduct a subsequent investigation that would otherwise be required under this subsection with respect to the retirement of that same electric generation facility unless the commission is not satisfied, as of the time that an investigation would otherwise be required under this subsection, that the public utility can meet the requirements described in subdivision (1) or provide sufficient reason as to that inability, as described in subdivision (2). If a certificate is granted by the commission under this chapter for a facility intended to repower or replace a generation unit that is planned for retirement, and the certificate includes findings that the project will result in at least equivalent accredited capacity and will provide economic benefit to ratepayers as compared to the continued operation of the generating unit to be retired, the certificate under this chapter constitutes approval by the commission for purposes of an investigation required by this subsection. However, if the commission finds that facts and circumstances regarding the planned retirement have changed significantly since the certificate was granted and that those changes concern the public utility's ability to meet the requirements described in subdivision (1), the commission may conduct an investigation into the planned retirement of the unit.

(v) If, upon investigation under IC 8-1-2-58 through IC 8-1-2-60, and after notice and hearing, as required by IC 8-1-2-59, the commission determines that the capacity resources available to the public utility under subsections (n)(1) through (n)(5) will not be adequate to allow the public utility to satisfy both its planning reserve margin requirements or other federal reliability requirements that the public utility is obligated to meet (as described in subsection (n)(6)) and the reliability adequacy metrics set forth in subsection (h), the commission shall issue an order:

(1) directing the public utility to acquire or construct; or

(2) prohibiting the retirement or refueling of;

such capacity resources that are reasonable and necessary to enable the public utility to provide reliable electric service to its Indiana customers, and to satisfy both its planning reserve margin requirements or other federal reliability requirements described in subsection (n)(6) and the reliability adequacy metrics set forth in subsection (h). The commission shall issue an order under this subsection not later than one hundred twenty (120) days after the initiation of the investigation under subsection (u). If the commission does not issue an order within the one hundred twenty (120) day period prescribed by this subsection, the public utility is considered to be able to meet the requirements described in subsection (u)(1) with respect to the retirement of the electric generation facility under investigation. Not later than ninety (90) days after the date of an order by the commission under this subsection, the public utility shall file for approval with the commission a plan to comply with the commission's order. Notwithstanding IC 8-1-3 or any other law, any appeal of an order by the commission under this subsection is entitled to priority review and shall be given expedited consideration in accordance with Rule 21 of the Indiana Rules of Appellate Procedure.

(w) With respect to a report submitted under subsection (n) after December 31, 2025, if the commission issues an order under subsection (v) to prohibit the retirement or refueling of an electric generation resource, the commission shall create a sub-docket to authorize the public utility to recover in rates the costs of the continued operation of the electric generation resource that was proposed to be retired or refueled. The commission must find that the continued costs of operation are just and reasonable before authorizing their recovery in the public utility's rates. The creation of a sub-docket under this subsection is not subject to the one hundred twenty (120) day time frame for the commission to issue an order under subsection (v).

(x) A public utility's plan under subsection (v) may include:

(1) a request for a certificate of public convenience and necessity under this chapter; or

(2) an application under IC 8-1-8.8;

or both.

(y) Beginning in 2022, the commission shall include in its annual report under IC 8-1-1-14 the following information:

(1) The commission's analysis regarding the ability of public utilities to:

(A) provide reliable electric service to Indiana customers; and

(B) satisfy both:

(i) their planning reserve margin requirements or other federal reliability requirements; and

(ii) the reliability adequacy metrics set forth in subsection (h);

for the next three (3) utility resource planning years, based on the most recent reports filed by public utilities under subsection (n).

(2) A summary of:

(A) the projected demand for retail electricity in Indiana over the next calendar year;

(B) the amount and type of capacity resources committed to meeting the projected demand;

(C) beginning with the commission's annual report due before October 1, 2026, and in each subsequent annual report, the planned retirements or refuelings of electric generation resources and the plans to replace or retain the capacity or energy, or both, of the electric generation resources planned to be retired or refueled; and

(D) beginning with the commission's annual report due before October 1, 2026, and in each subsequent annual report, the reports of commission staff under subsection (s).

In preparing the summary required under this subdivision, the commission may consult with the forecasting group established under section 3.5 of this chapter.

(3) Beginning with the commission's annual report filed under IC 8-1-1-14 in 2025, the commission's analysis regarding the appropriate percentage or portion of:

(A) total spring UCAP that public utilities should be authorized to acquire from capacity markets under subsection (h)(3)(B); and

(B) total fall UCAP that public utilities should be authorized to acquire from capacity markets under subsection (h)(4)(B).

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

As added by P.L.60-2021, SEC.2. Amended by P.L.55-2023, SEC.6; P.L.93-2024, SEC.68; P.L.217-2025, SEC.4.
Ind. Code § 8-1-45-7 — Indiana Code / Title 8 / Article 1 / Chapter 45 / Section 8-1-45-7
Construction of data center by foreign government subject to prospective electricity use
Status: in_force

Sec. 7. Notwithstanding any other law, after June 30, 2025, a foreign company may not construct or cause to be constructed a data center in Indiana unless the commission and the Indiana economic development corporation conduct a joint study of the anticipated electricity use of the prospective data center and certify to the governor and the general assembly that the electricity estimated to be used by the data center will be self-generated and will not affect the load supply of MISO or PJM.

As added by P.L.49-2025, SEC.1.
Ind. Code § 8-2.1-24-6 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-6
Investigation
Status: in_force

Sec. 6. Upon complaint in writing filed with the department or upon the department's own initiative without complaint, the department may investigate whether a person subject to this chapter has failed to comply with this chapter.

As added by P.L.110-1995, SEC.29.
Ind. Code § 8-1-2-51 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-51
Investigations; commission
Status: in_force

Sec. 51. For the purpose of making any investigation with regard to any public utility, the commission shall have power to appoint, by an order in writing, an agent, whose duties shall be prescribed in such order. In the discharge of his duties, such agent shall have every power whatsoever of an inquisitorial nature granted in this chapter to the commission. The commission may conduct any number of such investigations contemporaneously through different agents and may delegate to such agent the taking of all testimony bearing upon any investigation or hearing. The decision of the commission shall be based upon its examination of all the testimony and records. The recommendations made by such agents shall be advisory only, and shall not preclude the taking of further testimony, if the commission so orders, nor further investigation.

Formerly: Acts 1913, c.76, s.54. As amended by P.L.59-1984, SEC.24.
Ind. Code § 8-1-2-42.7 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-42.7
Petition to change basic rates and charges; applicability; designation of test period; temporary implementation of rates and charges; extension of time; reconciliation
Status: in_force

Sec. 42.7. (a) Subsections (g) and (j) do not apply to an electricity supplier (as defined in IC 8-1-46-6) that has filed a petition with the commission to change the electricity supplier's basic rates and charges through the submission of a multi-year rate plan under IC 8-1-46.

(b) For purposes of this section,"average prime rate" means the arithmetic mean, to the nearest one-hundredth of one percent (0.01%), of the prime rate values published in the Federal Reserve Bulletin for the three (3) months preceding the first month of a calendar quarter.

(c) For purposes of this section, "case in chief" includes the following:

(1) Testimony, exhibits, and supporting work papers.

(2) Proposed test year and rate base cutoff dates.

(3) Proposed revenue requirements.

(4) Jurisdictional operating revenues and expenses, including taxes and depreciation.

(5) Balance sheet and income statements.

(6) Jurisdictional rate base.

(7) Proposed cost of capital and capital structure.

(8) Jurisdictional class cost of service study.

(9) Proposed rate design and pro forma tariff sheets.

(d) For purposes of this section, "utility" refers to the following:

(1) A public utility.

(2) A municipally owned utility.

(3) A cooperative owned utility.

(e) In a petition filed with the commission to change basic rates and charges, a utility may designate a test period for the commission to use. The utility must include with its petition the utility's complete case in chief. The commission shall approve a test period that is one (1) of the following:

(1) A forward looking test period determined on the basis of projected data for the twelve (12) month period beginning not later than twenty-four (24) months after the date on which the utility petitions the commission for a change in its basic rates and charges.

(2) A historic test period based on a twelve (12) month period that ends not more than two hundred seventy (270) days before the date on which the utility petitions the commission for a change in its basic rates and charges. The commission may adjust a historic test period for fixed, known, and measurable changes and appropriate normalizations and annualizations.

(3) A hybrid test period based on at least twelve (12) consecutive months of combined historic data and projected data. The commission may adjust the historic data as set forth in subdivision (2).

(f) This subsection does not apply to a proceeding in which a utility is seeking an increase in basic rates and charges and requesting initial relief under IC 8-1-2.5-5 or IC 8-1-2.5-6. If the commission does not issue an order on a petition filed by a utility under subsection (e) within three hundred (300) days after the utility files its case in chief in support of the proposed increase, the utility may temporarily implement fifty percent (50%) of the utility's proposed permanent increase in basic rates and charges, subject to the commission's review and determination under subsection (g). The utility shall submit the proposed temporary rates and charges to the commission at least thirty (30) days before the date on which the utility seeks to implement the temporary rates and charges. The temporary rates and charges may reflect proposed or existing approved customer class allocations and rate designs. However, if the utility uses a forward looking test period described in subsection (e)(1) or a hybrid test period described in subsection (e)(3), the utility may not:

(1) implement the temporary increase before the date on which the projected data period begins; or

(2) object during a proceeding before the commission to a discovery request for historic data as described in subsection (e)(2) solely on the basis that the utility has designated a forward looking or hybrid test period.

(g) The commission shall review the temporary rates and charges to determine compliance with this section. The temporary rates and charges take effect on the latest of the following dates unless the commission determines that the temporary rates and charges are not properly designed in compliance with this section:

(1) The date proposed by the utility.

(2) Three hundred (300) days after the date on which the utility files its case in chief.

(3) The termination of any extension of the three hundred (300) day deadline authorized under subsection (h) or (i).

If the commission determines that the temporary rates and charges are not properly designed in compliance with this section, the utility may cure the defect and file the corrected temporary rates and charges with the commission within a reasonable period determined by the commission.

(h) If the commission grants a utility an extension of the procedural schedule, the commission may extend the three hundred (300) day deadline set forth in subsection (f) by the length of the extension.

(i) The commission may suspend the three hundred (300) day deadline set forth in subsection (f) one (1) time for good cause. The suspension may not exceed sixty (60) days.

(j) If a utility implements temporary rates and charges that differ from the permanent rates and charges approved by the commission in a final order on the petition filed under subsection (e), the utility shall perform a reconciliation and implement a refund, in the form of a credit rider, or a surcharge, as applicable, on customer bills rendered on or after the date the commission approves the credit or surcharge. The refund or surcharge shall be credited or added in equal amounts each month for six (6) months. The amount of the total refund or surcharge equals the amount by which the temporary rates and charges differ from the permanent rates and charges, plus, for a refund only, interest at the applicable average prime rate for each calendar quarter during which the temporary rates and charges were in effect.

As added by P.L.133-2013, SEC.4. Amended by P.L.36-2026, SEC.3.
Ind. Code § 8-3-1-16 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-16
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.18; Acts 1907, c.241, s.15. As amended by P.L.62-1984, SEC.9; P.L.192-1986, SEC.6; P.L.384-1987(ss), SEC.24. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-1-11.2-3 — Indiana Code / Title 8 / Article 1 / Chapter 11.2 / Section 8-1-11.2-3
Utility service furnished city; payment
Status: in_force

Sec. 3. Such city shall not be obligated to pay for any utility service furnished it by the operation of utility property acquired under this chapter except according to and by virtue of such agreement, if any, as may be made therefor between the board of directors for utilities of the department of public utilities of such city, on the one part, and said city by its mayor, city controller, and board of public works, on the other part.

[Pre-Local Government Recodification Citation: 19-2-13-3.]

As added by Acts 1981, P.L.11, SEC.44.
Ind. Code § 8-15.7-11-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 11 / Section 8-15.7-11-2
Access to qualifying project by law enforcement officers
Status: in_force

Sec. 2. Law enforcement officers shall have access to the qualifying project at any time for the purpose of exercising the law enforcement officer's powers and jurisdiction. This authority does not extend to the private offices, buildings, garages, and other improvements of the operator to any greater degree than the police power extends to any other private buildings and improvements.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-18-22-2 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-2
"Bonds" defined
Status: in_force

Sec. 2. As used in this chapter, "bonds" has the meaning set forth in IC 36-1-2-2.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-15.5-8-1.5 — Indiana Code / Title 8 / Article 15.5 / Chapter 8 / Section 8-15.5-8-1.5
Property tax exemption; projects involving an adjacent state or commonwealth
Status: in_force

Sec. 1.5. Notwithstanding IC 5-1.2-9-27, or any other law, any interest in a project, including all tangible personal property used exclusively in connection with a project, that is:

(1) owned by:

(A) the authority;

(B) an adjacent state or commonwealth; or

(C) a political subdivision or instrumentality of an adjacent state or commonwealth; and

(2) acquired, constructed, or otherwise provided in connection with a project by:

(A) an operator;

(B) an adjacent state or commonwealth; or

(C) a political subdivision or instrumentality of an adjacent state or commonwealth;

is considered to be public property devoted to an essential public and governmental function and purpose. This property, and a leasehold estate, franchise, license, or other interests in the property, is exempt from all ad valorem property taxes and special assessments levied against property by the state or any political subdivision of the state.

As added by P.L.91-2014, SEC.31. Amended by P.L.189-2018, SEC.94.
Ind. Code § 8-4-7-15 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-15
Contracts; tort liability
Status: in_force

Sec. 15. Every such union railway company shall be primarily liable to the public and to third persons on its contracts and for its torts, but it shall be competent, as between themselves, for such proprietary companies, such associate companies, and said union railway company, to agree among themselves that the ultimate liability for damages for any class of injuries to persons or property shall fall upon one (1) or more of said companies, and such agreement as to such ultimate liability may be enforced as between the companies parties to such agreement: Provided, however, That nothing herein contained shall prevent any person suing for an injury to persons or property from joining as defendants any or all of said companies if the facts would have justified such joinder if this section had never been passed.

Formerly: Acts 1885, c.20, s.15.
Ind. Code § 8-1-2-0.6 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-0.6
State policy concerning Indiana's electric generation resource mix, energy infrastructure, and electric service ratemaking; attributes to be considered
Status: in_force

Sec. 0.6. The general assembly declares that it is the continuing policy of the state that decisions concerning Indiana's electric generation resource mix, energy infrastructure, and electric service ratemaking constructs must consider each of the following attributes of electric utility service:

(1) Reliability, including:

(A) the adequacy of electric utility service, including the ability of the electric system to supply the aggregate electrical demand and energy requirements of end use customers at all times, taking into account:

(i) scheduled; and

(ii) reasonably expected unscheduled;

outages of system elements; and

(B) the operating reliability of the electric system, including the ability of the electric system to withstand sudden disturbances such as electric short circuits or unanticipated loss of system components.

(2) Affordability, including ratemaking constructs that result in retail electric utility service that is affordable and competitive across residential, commercial, and industrial customer classes.

(3) Resiliency, including the ability of the electric system or its components to:

(A) adapt to changing conditions; and

(B) withstand and rapidly recover from disruptions or off-nominal events.

(4) Stability, including the ability of the electric system to:

(A) maintain a state of equilibrium during:

(i) normal and abnormal conditions; or

(ii) disturbances; and

(B) deliver a stable source of electricity, in which frequency and voltage are maintained within defined parameters, consistent with industry standards.

(5) Environmental sustainability, including:

(A) the impact of environmental regulations on the cost of providing electric utility service; and

(B) demand from consumers for environmentally sustainable sources of electric generation.

As added by P.L.55-2023, SEC.1.
Ind. Code § 8-1-32.4-8 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-8
"Local exchange service"
Status: in_force

Sec. 8. As used in this chapter, "local exchange service" means the provision of telephone exchange service (as defined in 47 U.S.C. 153) or exchange access (as defined in 47 U.S.C. 153).

As added by P.L.27-2006, SEC.54. Amended by P.L.8-2012, SEC.4.
Ind. Code § 8-1-27-18 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-18
Review of plan by commission; withdrawal of approval or modification of plan
Status: in_force

Sec. 18. (a) If the commission, after an investigation commenced upon its own initiative or upon a petition of the public utility or a class of persons satisfying the standing requirements of IC 8-1-2-54 (including the office of the utility consumer counselor), finds that substantial changes:

(1) in the need for or estimated cost of an approved environmental compliance plan have occurred; or

(2) in the estimated cost of alternative compliance measures have occurred;

the commission may commence a review of the approval of the environmental compliance plan.

(b) If the commission finds that all or part of an environmental compliance plan no longer meets the requirements of section 8 of this chapter, the commission may, consistent with sections 8 and 10 of this chapter, issue an order:

(1) withdrawing the commission's approval of all or part of the environmental compliance plan, whichever is applicable; or

(2) approving modifications to the environmental compliance plan.

(c) If the commission approves modifications to an environmental compliance plan under subsection (b), the modified environmental compliance plan shall constitute the public utility's approved environmental compliance plan for purposes of this chapter.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-2.1-17-5 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-5
"Contract carrier"
Status: in_force

Sec. 5. "Contract carrier" means a person that is regulated as a contract carrier under this article.

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-2.1-25-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 25 / Section 8-2.1-25-3
"Organization" defined
Status: in_force

Sec. 3. As used in this chapter, "organization" means an entity that is not an individual. The term includes a public or private school, a business firm or corporation, a labor organization, a religious organization, a political club, or any other type of association or group of individuals.

As added by P.L.86-1997, SEC.1.
Ind. Code § 8-1.5-5-29 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-29
Liens for unpaid fees
Status: in_force

Sec. 29. (a) Subsections (c), (d), and (e) do not apply to a city that before January 1, 2005, adopted an ordinance establishing procedures for the collection of unpaid user fees under this chapter through the enforcement of a lien.

(b) Fees assessed against real property under this chapter constitute a lien against the property assessed. The lien is superior to all other liens except tax liens. Except as provided in subsections (c) and (d), the lien attaches when notice of the lien is filed in the county recorder's office under section 30 of this chapter.

(c) A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the county recorder before the conveyance to the subsequent owner. If property is conveyed before a lien is filed, the department shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not more than fifteen (15) days after the date of the notice. If payment is not received within one hundred eighty (180) days after the date of the notice, the amount due may be expensed as a bad debt loss.

(d) A lien attaches against real property occupied by someone other than the owner only if the department notifies the owner not later than twenty (20) days after the time the user fees become sixty (60) days delinquent. A notice sent to the owner under this subsection must be sent by first class mail or by certified mail, return receipt requested (or an equivalent service permitted under IC 1-1-7-1) to:

(1) the owner of record of real property with a single owner; or

(2) at least one (1) of the owners of real property with multiple owners;

at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice of the delinquency, or to another address specified by the owner, in a written notice to the department, at which the owner requests to receive a notice of delinquency under this subsection. The cost of sending notice under this subsection is an administrative cost that may be billed to the owner.

(e) The department shall release:

(1) liens filed with the county recorder after the recorded date of conveyance of the property; and

(2) delinquent fees incurred by the seller;

upon receipt of a verified demand in writing from the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner and that the purchaser has not been paid by the seller for the delinquent fees.

As added by P.L.131-2005, SEC.1. Amended by P.L.196-2014, SEC.1.
Ind. Code § 8-1-2.6-1.4 — Indiana Code / Title 8 / Article 1 / Chapter 2.6 / Section 8-1-2.6-1.4
Basic telecommunications service; commission's limited jurisdiction
Status: in_force

Sec. 1.4. Except as provided in sections 1.5(b) and 13 of this chapter, after June 30, 2009, the commission shall not exercise jurisdiction over basic telecommunications service.

As added by P.L.27-2006, SEC.17. Amended by P.L.1-2007, SEC.71; P.L.256-2013, SEC.4.
Ind. Code § 8-1.5-3-13 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-13
Investments of surplus money; authorization of officers
Status: in_force

Sec. 13. The municipal legislative body may, by ordinance, authorize officers charged by law with custodial care, expenditure, and investment of utility money to invest or reinvest surplus money of a utility in the manner prescribed by IC 5-13-9.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.19-1987, SEC.20.
Ind. Code § 8-1-3-4 — Indiana Code / Title 8 / Article 1 / Chapter 3 / Section 8-1-3-4
Assignment of errors and transcript of record; filing
Status: in_force

Sec. 4. (a) Within twenty (20) days after the entry or rendition of any final decision, ruling, or order of the commission, or within twenty (20) days after the entry or rendition of any determination of the commission upon a petition for rehearing duly filed pursuant to the rules of the commission, any person, firm, association, corporation, limited liability company, city, town, or public utility desiring to appeal the cause to the court of appeals shall file with the commission a written request for the record, and the commission shall order that a certified transcript be prepared, containing all pleadings and papers filed, notices given and entered of record, proceedings had, testimony taken, and orders entered.

(b) No extension of time shall be granted by the court of appeals for the filing of an assignment of errors and the transcript of the record, unless a showing be made that the written request for the record was duly filed within the time granted under this section.

Formerly: Acts 1957, c.189, s.4. As amended by P.L.3-1989, SEC.52; P.L.8-1993, SEC.120.
Ind. Code § 8-1-2-99 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-99
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.108; Acts 1933, c.190, s.18. Repealed by Acts 1982, P.L.74, SEC.6.
Ind. Code § 8-23-20-7 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-7
Authorized signs
Status: in_force

Sec. 7. The following signs may be erected outside of urban areas beyond six hundred and sixty (660) feet of the right-of-way visible from the traveled way of a highway on the interstate or primary system with the intent of a message being read from the traveled way:

(1) Directional or official signs and notices.

(2) Signs advertising the sale or lease of the property upon which the signs are located.

(3) Signs indicating the name of the business, activities, or profession conducted on the property, or identifying the goods produced or sold, or services rendered on the property.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-22-5-4 — Indiana Code / Title 8 / Article 22 / Chapter 5 / Section 8-22-5-4
Reciprocity
Status: in_force

Sec. 4. This chapter does not apply unless the statutes of the adjoining state permit political subdivisions of Indiana to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate, and otherwise control airports, landing fields, or other air navigation facilities in that state, with all privileges, rights, and duties applicable to the political subdivisions of the adjoining state in aeronautical projects, including all tax privileges and immunities, the power of eminent domain as to property not devoted to public use, and the power jointly with political subdivisions of adjoining states to acquire, establish, construct, own, control, lease, equip, improve, maintain and operate airports, landing fields, or other air navigation facilities.

[Pre-Local Government Recodification Citation: 19-6-4-5.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-1-46.1-3 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-3
"Grease control equipment"
Status: in_force

Sec. 3. As used in this chapter, "grease control equipment" refers to the necessary combination of:

(1) grease interceptors; and

(2) grease traps;

to prevent fats, oils, grease, and food solids from being discharged into a sewer system.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-14.5-5-2 — Indiana Code / Title 8 / Article 14.5 / Chapter 5 / Section 8-14.5-5-2
Mandatory lease provisions
Status: in_force

Sec. 2. (a) A lease entered into under this section must include the following:

(1) A statement that the term of the lease is for a period coextensive with the biennium used for state budgetary and appropriation purposes with a fractional period when the lease begins, if necessary.

(2) A statement that the term of the lease is extended from biennium to biennium, with the extensions not to exceed a lease term of twenty-five (25) years, unless either the authority or the department gives notice of nonextension at least six (6) months before the end of a biennium, in which event the lease expires at the end of the biennium in which the notice is given.

(3) A provision plainly stating that the lease does not constitute an indebtedness of the state within the meaning or application of any constitutional provision or limitation, and that lease rentals are payable by the department solely from biennial appropriations, for the actual use or availability for use of projects provided by the authority, with payment commencing no earlier than the time the use or availability commences.

(4) Provisions requiring the department to pay rent at times and in amounts sufficient to pay in full:

(A) the debt service payable under the terms of any bonds or notes issued by the authority and outstanding with respect to any project, including any required additions to reserves for the bonds or notes maintained by the authority; and

(B) additional rent as provided by the lease;

subject to appropriation of money to pay lease rentals.

(5) Provisions requiring the department to operate and maintain the project or projects during the term of the lease.

(6) A provision in each master lease for two (2) or more projects requiring that each project added to the master lease shall be covered by a supplemental lease describing the particular project, stating the additional rental payable and providing that all lease covenants, including the obligation to pay the original and additional rent under any supplement, shall be unitary and include all projects covered, whether by the master lease or a supplemental lease.

(b) A lease entered into under this section may contain other terms and conditions that the authority and the department consider appropriate.

(c) The department shall request an appropriation for payment of lease rentals on any lease entered into under this section in writing at a time sufficiently in advance of the date for payment of the lease rentals so that an appropriation may be made in the normal state budgetary process.

(d) If the department fails at any time to pay to the authority when due any lease rentals on any lease under this section, the chairman of the authority shall immediately report the unpaid amount in writing to the governor and in an electronic format under IC 5-14-6 to the general assembly.

As added by P.L.68-1988, SEC.12. Amended by P.L.28-2004, SEC.73.
Ind. Code § 8-1-13-31 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-31
Production of corporate books, accounts, papers, or records; order or subpoena; penalty for failure to comply
Status: in_force

Sec. 31. (a) The commission may require, by order or subpoena, a corporation to produce within the state (at a time and place the commission may designate) any books, accounts, papers, or records (or verified copies) kept by the corporation anywhere, to allow an examination to be made by the commission or under its direction.

(b) The order or subpoena shall be served on the corporation in the same manner as a summons is served in a civil action.

(c) Any corporation that does not comply (after reasonable written notice) with any order or subpoena shall be assessed a civil penalty of not less than fifty dollars ($50) and not more than five hundred dollars ($500) for each day that it does not comply. Any penalty assessed under this subsection shall be deposited in the state general fund.

As added by P.L.121-1987, SEC.8.
Ind. Code § 8-1-17-22 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-22
Repealed
Status: repealed

Formerly: Acts 1951, c.193, s.22. As amended by P.L.59-1984, SEC.82; P.L.97-1993, SEC.11. Repealed by P.L.27-2006, SEC.62.
Ind. Code § 8-9.5-9-3 — Indiana Code / Title 8 / Article 9.5 / Chapter 9 / Section 8-9.5-9-3
"Obligations"
Status: in_force

Sec. 3. As used in this chapter, "obligations" means bonds, loan contracts, notes, bond anticipation notes, commercial paper, leases, lease-purchases, installment purchases, certificates of participation in agreements or programs, other evidences of indebtedness, or other agreements or purchasing programs, whether or not the obligations have been issued or entered into.

As added by P.L.55-1994, SEC.1. Amended by P.L.273-1999, SEC.46.
Ind. Code § 8-23-4-10 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-10
Transfer of state highways to county and municipal systems
Status: reserved

Sec. 10. Whenever the department determines that, because of the construction of a new state highway, the relocation of a state highway, or a change in general function or use, a part of the state highway system no longer meets the criteria established in section 2 of this chapter for a highway in the state system but that the highway continues to serve a useful purpose, that part of the system may be transferred to a county highway system or a municipal street system.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-1-27-6 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-6
Environmental compliance plan; required information
Status: in_force

Sec. 6. (a) A public utility that has at least one (1) generating unit affected by Section 404 (Phase I) or Section 405 (Phase II) of the Clean Air Act Amendments of 1990 may voluntarily submit a verified environmental compliance plan that sets forth the manner in which the public utility intends to comply with the requirements of the Clean Air Act Amendments of 1990 to the commission for the commission's review and approval under this chapter.

(b) An environmental compliance plan described in subsection (a) must include any information that the commission may reasonably require. The commission shall require a plan described in subsection (a) to include at least the following information:

(1) A description of the requirements of the Clean Air Act Amendments of 1990 applicable to each generating unit owned or operated by the public utility.

(2) A description of the measures the public utility proposes to implement to comply with the requirements.

(3) The schedule under which the public utility proposes to implement the measures.

(4) An estimate of the cost of implementing each of the measures proposed by the public utility.

(5) An analysis of the comparative estimated costs of meeting the applicable requirements of the Clean Air Act Amendments of 1990 through the measures proposed by the public utility and other alternative compliance measures considered by the public utility.

(6) For all compliance plans submitted to the commission after July 1, 1993, if an environmental compliance plan proposes a change of fuel type from the fuel type consumed in the public utility's generating units and that change of fuel type would result in the displacement or diminished use of Indiana coal from the quantity of Indiana coal consumed by the public utility during the calendar year 1990, or an average of the quantity of Indiana coal consumed by the utility in calendar years 1990, 1991, and 1992, whichever is submitted by the utility in the plan, the public utility shall submit the following as part of the environmental compliance plan:

(A) An analysis of the following:

(i) The economic and employment effects of the proposed change of fuel type on the regions of Indiana in which the mining of coal provides employment, and on the service territory of the public utility.

(ii) The effects of the proposed modification on the preservation of the mining of Indiana coal as a viable source of fuel.

The analyses required under this clause must include a comparison of the effects likely to result from the alternative compliance measures identified under subdivision (5).

(B) Information describing the availability, the reliability, the current costs, and the projected future costs of the fuel type proposed for use in connection with the environmental compliance plan.

As added by P.L.76-1991, SEC.1. Amended by P.L.92-1993, SEC.3.
Ind. Code § 8-14-3-2.1 — Indiana Code / Title 8 / Article 14 / Chapter 3 / Section 8-14-3-2.1
Agreements to be performed in more than one fiscal year
Status: in_force

Sec. 2.1. The Indiana department of transportation may enter into an agreement that obligates appropriations for work that will be performed in more than one (1) fiscal year.

As added by P.L.24-1985, SEC.18. Amended by P.L.18-1990, SEC.112.
Ind. Code § 8-1-40.5-9 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-9
"Securitization property"
Status: in_force

Sec. 9. As used in this chapter, "securitization property" means the rights and interests of an electric utility, or its successor, under a financing order, as described in section 11 of this chapter.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-23-7-1 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-1
Application of chapter
Status: in_force

Sec. 1. Except as otherwise provided in this chapter, IC 32-24-1 applies to real property transactions conducted by the department.

As added by P.L.18-1990, SEC.216. Amended by P.L.2-2002, SEC.48.
Ind. Code § 8-23-7-31 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-31
Acquisition of property, rights, and easements; legal description; taxation
Status: in_force

Sec. 31. (a) Whenever the department acquires real property, rights, or easements for the construction, repair, and maintenance of a state highway, a legal description of all rights-of-way and easements, including the area of the land acquired, shall be filed by the department in the office of the recorder in the county in which the real property is located. The description shall be recorded in the deed records of the county. No fee may be charged for filing and recording the description. The department shall also file the description with the county auditor.

(b) Real property and interests in real property acquired for permanent highway purposes are exempt from taxation from the date of acquisition, provided that all taxes, interest, and penalties recorded on the property tax duplicates have been paid. Where real property or interests in real property are acquired after the assessment date of any year but before December 31, the taxes on the property in the ensuing year are not a lien on the property and shall be removed from the tax duplicates by the county auditor. A property owner who on or after March 1, 1965, conveyed real property or rights in real property to the department and who after July 8, 1965, is assessed taxes upon the property or rights conveyed and who pays the taxes by reason of the failure of the department to properly record the interest in the real property conveyed with the county auditor and recorder for tax purposes may recover the amount of the taxes from the department.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-16-3-1.5 — Indiana Code / Title 8 / Article 16 / Chapter 3 / Section 8-16-3-1.5
Definitions
Status: in_force

Sec. 1.5. As used in this chapter:

(1) "Bridge" means any structure designed to carry vehicular traffic over or under an obstacle to the normal flow of traffic and including any grade separation, culvert, or approach to a bridge.

(2) "Approach" means any part of a road or street which is required to make a bridge a viable part of a county road or city street system but which does not extend more than five hundred (500) feet from the bridge.

(3) "Construction" means both construction and reconstruction to a degree that new, supplementary, or substantially improved traffic service is provided and significant geometric or structural improvements are affected.

(4) "Cost" means all expenditures required to construct, maintain, or repair a bridge, including engineering, equipment, land acquisition, materials, contracts, and bond interest.

(5) "Municipal corporation" means a city or town.

As added by Acts 1977, P.L.113, SEC.2. Amended by P.L.8-1989, SEC.54; P.L.104-1993, SEC.1.
Ind. Code § 8-22-3-26 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-26
Board to act as board of finance
Status: in_force

Sec. 26. The board shall act as a board of finance under IC 5-13.

[Pre-Local Government Recodification Citations: 19-6-2-28; 19-6-3-30; 19-6-3.5-30.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.19-1987, SEC.28.
Ind. Code § 8-23-20-4 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-4
Signs in adjacent areas; standards
Status: in_force

Sec. 4. Signs located in an adjacent area must conform to the standards of size, lighting, and spacing set forth in rules adopted by the department under the provisions of an agreement under section 1 of this chapter.

As added by P.L.18-1990, SEC.229.
Ind. Code § 8-22-3.7-4.5 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-4.5
"Eligible entity"
Status: in_force

Sec. 4.5. Notwithstanding IC 8-22-1-6, as used in this chapter, "eligible entity" means the following:

(1) A city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500).

(2) A county having a population of more than one hundred thousand (100,000) and less than one hundred ten thousand (110,000).

(3) A county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000).

As added by P.L.108-1993, SEC.11. Amended by P.L.115-1995, SEC.12; P.L.85-1996, SEC.8; P.L.170-2002, SEC.73; P.L.119-2012, SEC.103; P.L.104-2022, SEC.75.
Ind. Code § 8-15.7-16-5 — Indiana Code / Title 8 / Article 15.7 / Chapter 16 / Section 8-15.7-16-5
Determination of interest in operator
Status: in_force

Sec. 5. For purposes of this chapter, a person is considered to have an interest in an operator if the person satisfies any of the following:

(1) The person holds at least a one percent (1%) interest in an operator.

(2) The person is an officer of an operator.

(3) The person is an officer of a person that holds at least a one percent (1%) interest in an operator.

(4) The person is a political action committee of an operator.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-18-1 — Indiana Code / Title 8 / Article 23 / Chapter 18 / Section 8-23-18-1
Authority for acquisition
Status: in_force

Sec. 1. The authority given to the department to acquire the fee simple title to public or private real property, rights, or easements needed or reasonably necessary for a state highway includes the right to acquire real property or a right in, to, or over real property owned, held, or claimed by a city, town, township, county, school corporation or other municipal corporation, or political subdivision of the state, public corporation, instrumentality, or agency supported in whole or in part by taxation.

As added by P.L.18-1990, SEC.227.
Ind. Code § 8-10-9-1 — Indiana Code / Title 8 / Article 10 / Chapter 9 / Section 8-10-9-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a city having a population of more than twenty-six thousand (26,000) and less than twenty-eight thousand (28,000).

As added by P.L.56-1994, SEC.2. Amended by P.L.170-2002, SEC.65; P.L.119-2012, SEC.89; P.L.104-2022, SEC.65.
Ind. Code § 8-2.1-26-5 — Indiana Code / Title 8 / Article 2.1 / Chapter 26 / Section 8-2.1-26-5
Indemnity provisions; exceptions; enforcement
Status: in_force

Sec. 5. (a) This section does not apply to any of the following:

(1) An indemnity provision in which a motor carrier indemnifies a promisee for and only to the extent of loss or damage that results directly from the negligence, omission, or intentional act of the motor carrier or an agent, employee, servant, or independent contractor that is directly responsible to the motor carrier.

(2) An indemnity provision contained in, collateral to, or affecting a motor carrier transportation contract with a regulated public utility, including an energy utility (as defined in IC 8-1-2.5-2) or an affiliate of an energy utility, if the contract relates to a utility product, service, or business operation. For purposes of this subdivision, a contract relates to a utility product, service, or business operation if it involves an activity necessary for or ancillary to the production or delivery of heat, power and light, or a product or service under the jurisdiction of the Indiana utility regulatory commission (as described by IC 8-1-1).

(3) The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America.

(b) Notwithstanding any other law, an indemnity provision under this chapter is:

(1) against public policy; and

(2) void and unenforceable.

As added by P.L.31-2006, SEC.1.
Ind. Code § 8-1-13-25 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-25
Construction of chapter
Status: in_force

Sec. 25. This chapter is to be liberally construed, and the enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.

Formerly: Acts 1935, c.175, s.23. As amended by P.L.59-1984, SEC.69.
Ind. Code § 8-15-2-19 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-19
Removal of tolls
Status: in_force

Sec. 19. (a) The authority may, after adopting a resolution and after receiving the governor's approval, at any time determine under IC 8-23-7 that a toll road project constructed or operated by the authority, other than a toll road project that is subject to a public-private agreement under IC 8-15.5, should become a part of the system of state highways free of tolls or become a tollway under IC 8-15-3.

(b) Any resolution as to any project described in subsection (a) shall not become effective until all bonds to which the revenues of any project were pledged for payment, together with all interest thereon, is paid, or a sufficient amount for the payment of all bonds and the interest thereon to maturity is set aside in trust for the benefit of bondholders.

(c) Until any resolution is adopted by the authority under subsection (a) and becomes effective as provided in subsection (b), and subject to the terms of any public-private agreement under IC 8-15.5, any project constructed by the authority or its predecessors remains under the jurisdiction of the authority and the authority shall continue to maintain and operate the project and levy and collect tolls as provided in this chapter. Tolls on any project may be continued after the date of the payment of the principal of and interest on bonds issued for the construction of that project.

Formerly: Acts 1951, c.281, s.19; Acts 1971, P.L.99, SEC.6. As amended by Acts 1980, P.L.74, SEC.252; P.L.109-1983, SEC.25; P.L.386-1987(ss), SEC.12; P.L.18-1990, SEC.132; P.L.47-2006, SEC.16.
Ind. Code § 8-4-12-4 — Indiana Code / Title 8 / Article 4 / Chapter 12 / Section 8-4-12-4
Fees of appraisers
Status: in_force

Sec. 4. The said appraisers shall receive for their service, five dollars ($5.00) per day for the time by them employed, to be paid by said treasurer out of the amount of said assessment.

Formerly: Acts 1867, c.80, s.4.
Ind. Code § 8-1-32.5-9 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-9
Request for hearing; limited issues; representation by counsel not required
Status: in_force

Sec. 9. (a) A hearing is not required in connection with the issuance of a certificate under this chapter. However, the commission shall conduct a hearing, subject to the requirements for hearings under IC 8-1-2 for public utilities, upon the request of any of the following:

(1) The communications service provider submitting the application.

(2) Any facilities based local exchange carrier offering service in a service area identified in the provider's application under section 6(a)(4) of this chapter.

(3) The office of utility consumer counselor created by IC 8-1-1.1-2.

(4) The commission, on its own motion.

(b) A hearing conducted under this section shall be limited to consideration of one (1) or more of the following issues:

(1) Whether the application and documents submitted under section 6 of this chapter are accurate, complete, and properly verified.

(2) The communications service provider's financial, managerial, and technical ability to provide the communications service for which it seeks a certificate under this chapter.

(c) The commission may not require a:

(1) communications service provider; or

(2) facilities based local exchange carrier offering service in a service area identified in the provider's application under section 6(a)(4) of this chapter;

to be represented by counsel at a hearing under this section.

As added by P.L.27-2006, SEC.55.
Ind. Code § 8-15.7-3.5-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 3.5 / Section 8-15.7-3.5-3
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.73.
Ind. Code § 8-1-31.7-9.2 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-9.2
Commission order approving adjustment rider for recovery of chemical costs or power costs; petition for change in adjustment amount; hearing and order on petition
Status: in_force

Sec. 9.2. (a) This section applies to an eligible utility for which the commission has issued an order under section 12 of this chapter to approve an adjustment rider for the recovery of costs described in section 7(2)(B) or 7(2)(C) of this chapter, as calculated under section 9.1 of this chapter.

(b) An eligible utility to which this section applies shall file a petition for a change in its adjustment amount:

(1) not later than thirty (30) days after the end of each twelve (12) month period after the date on which the commission issued the order under section 12 of this chapter approving the adjustment rider; and

(2) until the commission issues an order in the eligible utility's next general rate case.

(c) Upon filing a petition with the commission under subsection (b), an eligible utility shall serve a copy of the petition on the office of utility consumer counselor.

(d) The commission shall hold a hearing and issue an order on the petition not later than sixty (60) days after the date the petition is filed.

As added by P.L.127-2026, SEC.7.
Ind. Code § 8-23-5-4 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-4
Improvement of certain connecting streets and roads
Status: in_force

Sec. 4. Whenever:

(1) the department improves a state highway that is connected with a city street or road; and

(2) the state owns property in the city;

the department shall improve the part of the connecting street or road that runs through or abuts the state owned property to conform with the standards adopted for the construction and improvement of state highways.

As added by P.L.18-1990, SEC.214.
Ind. Code § 8-17-5-7 — Indiana Code / Title 8 / Article 17 / Chapter 5 / Section 8-17-5-7
County highway engineers to perform duties of office of county highway supervisor
Status: in_force

Sec. 7. County highway engineers employed under this chapter shall perform the duties of the office of county highway supervisor relating to roads and bridges.

Formerly: Acts 1963, c.131, s.7. As amended by P.L.66-1984, SEC.99; P.L.86-1988, SEC.128.
Ind. Code § 8-22-3-27 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-27
Officers' and employees' bonds
Status: in_force

Sec. 27. The board may require a bond from any of the officers or employees of the authority in an amount, upon terms and conditions, and with surety that the board designates.

[Pre-Local Government Recodification Citations: 19-6-2-29; 19-6-3-31; 19-6-3.5-31.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-8-3-3 — Indiana Code / Title 8 / Article 8 / Chapter 3 / Section 8-8-3-3
Front cab windows; unobstructed view; switch engines; unobstructed view
Status: in_force

Sec. 3. The Indiana department of transportation may require locomotive engines to be so constructed that the engineer and fireman's view ahead from the front cab windows is clear and unobstructed by any part of the engine, equipment, or appliances used or operated, and constructed that the cab deck shall be of the same height, and shall give the fireman and engineer operating the locomotive engine an even surface to stand and work upon, and constructed that the switch engines have the tank and tender built so that the engineer and fireman operating and controlling the locomotive engine can have a clear view along the track, both front and rear, without the view being obstructed by part of the engine, tank, or tender.

Formerly: Acts 1913, c.291, s.3. As amended by P.L.384-1987(ss), SEC.78; P.L.18-1990, SEC.88.
Ind. Code § 8-14.5-8-5 — Indiana Code / Title 8 / Article 14.5 / Chapter 8 / Section 8-14.5-8-5
Authorization to issue bonds or notes
Status: in_force

Sec. 5. The authority may issue bonds or notes to finance a project approved by the department under this chapter using lease rentals for bond or note repayments. However, the annual payments on all the bonds and notes outstanding may not exceed ten million dollars ($10,000,000).

As added by P.L.218-2017, SEC.68.
Ind. Code § 8-8-10-2 — Indiana Code / Title 8 / Article 8 / Chapter 10 / Section 8-8-10-2
Repealed
Status: repealed

Formerly: Acts 1901, c.99, s.2; Acts 1911, c.267, s.1. Repealed by Acts 1977, P.L.106, SEC.3.
Ind. Code § 8-23-2-18.5 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-18.5
Expired
Status: repealed

As added by P.L.213-2015, SEC.124. Expired 7-1-2017 by P.L.213-2015, SEC.124.
Ind. Code § 8-15.5-5-8 — Indiana Code / Title 8 / Article 15.5 / Chapter 5 / Section 8-15.5-5-8
Freeway project; excluded facilities
Status: in_force

Sec. 8. Neither:

(1) the construction, maintenance, or operation of transient lodging facilities on or adjacent to a freeway project; nor

(2) a contract for any purpose described in subdivision (1);

is considered a freeway project.

As added by P.L.205-2013, SEC.154.
Ind. Code § 8-3-1.5-10 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-10
Assuring good title
Status: in_force

Sec. 10. The department may take whatever steps are necessary in order to determine the absolute fee simple title ownership of all rail properties of any railroad within the State. The determination may include the status of the rail properties with respect to easements, rights-of-way, leases, reversionary rights, fee simple title ownership, and any and all related title matters. The department may retain attorneys, experts, or other assistants as is necessary to make the title determination.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.49.
Ind. Code § 8-14-6-1 — Indiana Code / Title 8 / Article 14 / Chapter 6 / Section 8-14-6-1
Budget estimates
Status: in_force

Sec. 1. Where, by virtue of the provisions of any law of this state, any designated portion of the gasoline tax collected by the state shall have been distributed to the several cities of the state to be used for the maintenance and repair of the streets of such cities, such funds shall be under the exclusive control of the common council, and shall be used and expended by, the board of public works of any such city, or the common council thereof, acting as the board of public works. The maintenance and repair of streets, for which any such funds may be used and expended, shall be deemed to include any part of the cost of resurfacing, widening or reconstructing any street or any part thereof which any such city may be liable to pay pursuant to any law authorizing the improvement of streets; Provided, That any such funds so distributed hereafter shall be estimated and included in the published budgets of such municipalities in the year preceding such distribution.

Formerly: Acts 1932(ss), c.35, s.1.
Ind. Code § 8-1.5-6-1 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-1
"Municipal utility"
Status: in_force

Sec. 1. As used in this chapter, "municipal utility" refers to a municipally owned:

(1) water utility;

(2) wastewater utility; or

(3) combined water and wastewater utility;

regardless of whether the municipal utility is under the jurisdiction of the commission for the approval of rates and charges.

As added by P.L.213-2014, SEC.7.
Ind. Code § 8-4.5-5-1 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-1
Purpose and administration
Status: in_force

Sec. 1. (a) The recreational trails program is established.

(b) The purpose of the program is to provide funding and other support for the acquisition, construction, or improvement of recreational trails open for public use or trails that will be dedicated to public use upon completion.

(c) The department of natural resources shall administer the program.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1-2.3-3 — Indiana Code / Title 8 / Article 1 / Chapter 2.3 / Section 8-1-2.3-3
Assigned service areas
Status: in_force

Sec. 3. Assigned Service Areas. (a) Unless otherwise agreed upon between adjacent electricity suppliers, all areas inside existing municipal limits are hereby assigned to the electricity supplier serving a plurality of the electric meters within the municipality on January 1, 1979.

(b) Where two (2) or more electricity suppliers are rendering retail electric service within existing municipal limits, those suppliers shall take one (1) or more of the following actions to assure that only one (1) electricity supplier shall serve within the existing municipal limits:

(1) The electricity supplier serving a plurality of electric meters within the municipality on January 1, 1979, may purchase the electric utility property of any other electricity supplier which is devoted to retail electric service and is located within the existing municipal limits, at its then reproduction cost new depreciated value plus severance damages.

(2) At the option of the electricity supplier serving a plurality of electric meters within the municipality on January 1, 1979, and subject to commission approval, the electricity suppliers may exchange all or part of the electric utility property located outside of the existing municipal limits for the electric utility property located within the existing municipal limits.

(3) If the affected electricity suppliers do not agree upon a purchase or exchange of the electric utility property before September 1, 1980, the commission shall determine the appropriate purchase price for the electric utility property according to subsection (b)(1) of this section.

(c) On or before July 1, 1981, each electricity supplier in each county shall exchange with all other electricity suppliers in the county a map or maps showing all of its existing electric distribution lines in the county which are relevant to the assignment of service areas outside existing municipal limits and any other information it considers useful in determining the boundaries of an assigned service area.

(d) Until otherwise agreed upon between electricity suppliers or ordered by the commission under section 3(g) of this chapter, the boundaries of the assigned service area for each adjacent electricity supplier outside existing municipal limits shall be set as a line equidistant from its existing electric distribution lines and the nearest existing electric distribution lines of any other electricity supplier; the resulting assigned service area outside existing municipal limits of an electricity supplier will be that area which is closer to the existing electric distribution lines of a supplier than to the existing electric distribution lines of any other electricity supplier.

(e) Each electricity supplier shall negotiate with all adjacent electricity suppliers as soon as practicable in an effort to agree on the boundaries of the service areas to be assigned.

(f) Maps depicting the boundaries of such proposed service area assignments shall be prepared by each electricity supplier for each county in which the electricity supplier provides electric retail service, and shall be filed, together with a petition requesting approval and assignment of such service areas with the commission on or before July 1, 1982, or on such other date as the commission may determine, but in any event on or before March 1, 1983. Thereafter, the commission shall hold a public hearing regarding the proposed service areas, after publication of notice of the hearing at least ten (10) days before the hearing in the county or counties in which such proposed service areas are located. If the commission finds that the proposed service areas comply with this chapter, it shall issue an order within twelve (12) months of the filing of the petition and related maps, approving and assigning the service areas as designated on the prepared maps.

(g) If two (2) or more adjacent electricity suppliers cannot agree upon the boundary line or lines between their respective proposed service areas on or before July 1, 1982, or such other date as the commission may determine, but in any event on or before March 1, 1983, the commission on its own motion or upon petition of one (1) of the electricity suppliers shall hold a public hearing regarding the location of the boundary line or lines, after publication of notice of the hearing at least ten (10) days before the hearing in the county or counties in which the boundary line or lines are located. The commission shall determine the boundary line or lines based as nearly as practicable upon a line equidistant between the existing electric distribution lines of the adjacent electricity suppliers, consistent with good utility practice and public convenience and necessity. The commission shall issue an order determining the boundary line or lines and assigning the service areas, and shall direct the parties to file with the commission maps showing such assigned service areas. If the commission determines that the maps comply with its order, it shall issue a supplemental order approving the assigned service areas as designated on the maps.

(h) Once established according to this section, the boundaries of assigned service areas may not be changed except as provided in section 6 of this chapter.

As added by Acts 1980, P.L.69, SEC.1. Amended by Acts 1982, P.L.71, SEC.1.
Ind. Code § 8-15.5-5-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 5 / Section 8-15.5-5-1
Public-private agreement by operator; approval by governor
Status: in_force

Sec. 1. (a) Before developing or operating a project, a private entity that has been selected as the operator of a project under this article shall enter into a public-private agreement with the authority setting forth the rights and duties of the operator under this article.

(b) A public-private agreement entered into under this article must be approved by the governor before its execution.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.149.
Ind. Code § 8-1-27-4 — Indiana Code / Title 8 / Article 1 / Chapter 27 / Section 8-1-27-4
"Indiana coal" defined
Status: in_force

Sec. 4. As used in this chapter, "Indiana coal" means coal from a mine whose coal deposits are located in the ground wholly or partially in Indiana regardless of the location of the mine's tipple.

As added by P.L.76-1991, SEC.1.
Ind. Code § 8-2-15-3 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-3
License; fee; operating interstate ferry
Status: in_force

Sec. 3. The board, upon being satisfied that the notice hereby required has been given and that a ferry is needed at such place and that the applicant is a suitable person, may grant to the applicant a license to keep and maintain the same for the term of five (5) years, on his paying to the county treasurer of the proper county as a license fee a sum to be fixed by the board, not less than two dollars ($2.00), nor more than fifty dollars ($50.00) per year, and said license fee may be paid in full for the five (5) years in advance or yearly in advance as said board may direct and order.

Formerly: Acts 1881(ss), c.52, s.3; Acts 1911, c.126, s.3.
Ind. Code § 8-1-1.1-5 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-5
Repealed
Status: repealed

As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.384-1987(ss), SEC.3; P.L.3-1989, SEC.46; P.L.99-1989, SEC.4. Repealed by P.L.1-1990, SEC.94.
Ind. Code § 8-23-32-7 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-7
"Worksite speed control system"
Status: in_force

Sec. 7. As used in this chapter, "worksite speed control system" means a photographic device, radar device, laser device, or other electrical or mechanical device or devices designed to:

(1) record the speed of a motor vehicle; and

(2) obtain a clear photograph or other recorded image of the rear of the motor vehicle and the license plate affixed to the motor vehicle at the time the recorded speed of the motor vehicle exceeds a worksite speed limit.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-23-2-10 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-10
Preexisting rules of certain transportation agencies as rules of department of transportation
Status: in_force

Sec. 10. Any rules of:

(1) the transportation coordinating board (IC 8-9.5-2-1, repealed);

(2) the transportation planning office (IC 8-9.5-3-1, repealed);

(3) the department of highways (IC 8-9.5-4-2, repealed); and

(4) the department of transportation (IC 8-9.5-5-2, repealed);

filed with the secretary of state before July 1, 1989, shall be treated after June 30, 1989, as though they had been adopted by the Indiana department of transportation established by this article.

As added by P.L.112-1989, SEC.5. Amended by P.L.1-2009, SEC.77.
Ind. Code § 8-1-26-1 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-1
Application of chapter
Status: in_force

Sec. 1. (a) Except as provided by this section, this chapter does not apply to the following:

(1) Excavation that is performed:

(A) only with a hand tool;

(B) on property owned or controlled by the person performing the excavation; and

(C) to a depth not greater than twelve (12) inches.

(2) Excavation using only animals.

(3) Tilling of soil for agricultural purposes, such as plowing, planting, and combining.

(4) Surface coal mining and reclamation operations conducted under a permit issued by the natural resources commission under IC 14-34.

(5) Railroad right-of-way maintenance or operations.

(6) Underground probing to determine the extent of gas migration.

(b) This chapter does apply to blasting, setting drainage tile, subsoiling, and other subsurface activities.

(c) Sections 16, 19, 20, and 22 of this chapter apply to the construction and installation of railroad signal facilities and drainage facilities at public grade crossings.

As added by P.L.69-1990, SEC.2. Amended by P.L.1-1995, SEC.55; P.L.62-2009, SEC.2.
Ind. Code § 8-1-38-10 — Indiana Code / Title 8 / Article 1 / Chapter 38 / Section 8-1-38-10
Contract between incumbent and new electric transmission owners; jurisdiction of commission
Status: in_force

Sec. 10. (a) An incumbent electric transmission owner may enter into a contract with a new electric transmission owner that proposes to connect a new electric transmission facility to the electric transmission facility of the incumbent electric transmission owner. The contract may assign responsibility for:

(1) maintenance and upgrades; and

(2) reliability compliance;

with respect to the new electric transmission facility.

(b) The commission has jurisdiction to resolve a dispute arising under a contract described in subsection (a).

As added by P.L.174-2013, SEC.1.
Ind. Code § 8-1-13-36 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-36
Complaints against corporation; discriminatory rates or charges; inadequate service; investigation; hearing; order
Status: in_force

Sec. 36. Upon a complaint made against any corporation by:

(1) any mercantile, agricultural, or manufacturing society;

(2) any body politic or municipal organization;

(3) ten (10) or more persons, firms, corporations, limited liability companies, or associations;

(4) ten (10) or more complainants of any or all of the classes described in subdivision (3); or

(5) any public utility or corporation;

that any of the rates, tolls, charges, schedules, or joint rates (with which the petitioner is directly interested) are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurement, practice, or act affecting or relating to the service of a corporation is in any respect unreasonable, unsafe, insufficient, or unjustly discriminatory, or that any service is inadequate or cannot be obtained, the commission shall proceed to investigate with or without notice. However, the commission may not enter an order affecting those rates, tolls, charges, schedules, regulations, measurements, practices, or acts complained of without a formal public hearing.

As added by P.L.121-1987, SEC.13. Amended by P.L.8-1993, SEC.124.
Ind. Code § 8-1-30.3-4 — Indiana Code / Title 8 / Article 1 / Chapter 30.3 / Section 8-1-30.3-4
"Utility property"
Status: in_force

Sec. 4. As used in this chapter, "utility property" refers to property of a utility company that is the subject of an acquisition described in section 5(a) of this chapter.

As added by P.L.189-2015, SEC.1.
Ind. Code § 8-23-20-25.6 — Indiana Code / Title 8 / Article 23 / Chapter 20 / Section 8-23-20-25.6
Obstruction or removal of outdoor advertising sign; elevation or relocation of outdoor advertising sign; compensation; notice of project
Status: in_force

Sec. 25.6. (a) As used in this section, "market area" means a point within the same county as the prior location of an outdoor advertising sign.

(b) This section applies only to an outdoor advertising sign located along the interstate and primary system, as defined in 23 U.S.C. 131(t) on June 1, 1991, or any other highway where control of outdoor advertising signs is required under 23 U.S.C. 131.

(c) If an outdoor advertising sign is no longer visible or becomes obstructed, or must be moved or removed, due to a noise abatement or safety measure, grade changes, construction, directional sign, highway widening, or aesthetic improvement made by any agency of the state along the interstate and primary system or any other highway, the owner or operator of the outdoor advertising sign, to the extent allowed by federal or state law, may:

(1) elevate a conforming outdoor advertising sign; or

(2) relocate a conforming or nonconforming outdoor advertising sign to a point within the market area, if the new location of the outdoor advertising sign complies with the applicable spacing requirements and is located in land zoned for commercial or industrial purposes or unzoned areas used for commercial or industrial purposes.

(d) Except as provided in subsection (j), if within one (1) year of an action being filed under IC 32-24, an owner can demonstrate that the owner has made good faith efforts to relocate a conforming or nonconforming outdoor advertising sign to a conforming location within the market area, but the owner has not obtained a new conforming location, the outdoor advertising sign will be treated as if it cannot be relocated within the market area. Notwithstanding subsection (e) and IC 8-23-20.5, if an outdoor advertising sign cannot be elevated or relocated to a conforming location and elevation within the market area, the removal or relocation of the outdoor advertising sign constitutes a taking of a property interest and the owner must be compensated under section 27 of this chapter.

(e) The county or municipality, under IC 36-7-4, may, if necessary, provide for the elevation or relocation by ordinance for a special exception to the zoning ordinance of the county or municipality.

(f) The elevated outdoor advertising sign or outdoor advertising sign to be relocated, to the extent allowed by federal or state law, may be modified:

(1) to elevate the sign to make the entire advertising content of the sign visible;

(2) to an angle to make the entire advertising content of the sign visible; and

(3) in size or material type, at the expense of:

(A) the owner, if the modification in size or material type of the outdoor advertising sign is by choice of the owner; or

(B) the department, if the modification in size or material type of the outdoor advertising sign is required for the outdoor advertising sign to comply with IC 22-13.

(g) This section does not exempt an owner or operator of a sign from submitting to the department any application or fee required by law.

(h) At least twelve (12) months before the filing of an eminent domain action to acquire an outdoor advertising sign under IC 32-24, the department must provide written notice to the representative of the sign owner identified on the outdoor advertising sign permit that is on file with the Indiana department of transportation that a project has been planned that may impact the outdoor advertising sign.

(i) If the agency fails to provide notice required by subsection (h) within twelve (12) months of an action being filed against an owner under IC 32-24, the owner may receive reasonable compensation for losses associated with the failure to receive timely notice. However, failure to send notice required by subsection (h) is not a basis of an objection to a proceeding under IC 32-24-1-8.

(j) Notwithstanding subsection (d), if an action that has been filed under IC 32-24 is pending as of July 1, 2023, and:

(1) the parties have not entered into a final settlement agreement; or

(2) no final judgment has been entered by the trier of fact;

the owner may relocate the outdoor advertising sign under this section and IC 8-23-20.5.

As added by P.L.222-2017, SEC.2. Amended by P.L.97-2022, SEC.1; P.L.178-2022(ts), SEC.10; P.L.201-2023, SEC.115.
Ind. Code § 8-1.5-5-21 — Indiana Code / Title 8 / Article 1.5 / Chapter 5 / Section 8-1.5-5-21
Bonds for proposed work projects
Status: in_force

Sec. 21. (a) To procure money to pay for the required property and the acquisition, erection, and construction of the proposed work, and in anticipation of the collection of the special benefit tax, the board may issue, in the name of the unit served by the department, special taxing district bonds of the storm water district. The bonds may not exceed the total estimated cost of the work and property to be acquired as provided for in the resolution, including:

(1) all expenses necessarily incurred for supervision and inspection during the period of construction; and

(2) expenses actually incurred preliminary to the acquiring of the necessary property and the construction of the work, including the cost of records, engineering expenses, publication of notices, salaries, and other expenses incurred, before and in connection with the acquiring of the property, the letting of the contract, and the sale of bonds.

(b) After adopting a resolution authorizing the bonds, the board shall certify a copy of the resolution to the fiscal officer, who shall then prepare the bonds. The executive shall execute the bonds, and the fiscal officer shall attest the bonds.

(c) The board may not issue bonds of the storm water district, payable by a special benefit property tax, when the total of the outstanding bonds of the district that are payable from a special benefit property tax, including the bonds already issued and to be issued, exceeds eight percent (8%) of the total adjusted value of taxable property in the district as determined under IC 36-1-15. For purposes of this section, bonds are not considered to be outstanding bonds if the payment has been provided for by an irrevocable deposit in escrow of government obligations sufficient to pay the bonds when due or called for redemption.

(d) The bonds are not a corporate obligation or indebtedness of the unit but are an indebtedness of the storm water district. The bonds and interest are payable:

(1) out of a special benefit tax levied upon all of the property of the storm water district; or

(2) by any other means including revenues, cash on hand, and cash in depreciation or reserve accounts.

(e) The bonds must recite the terms upon their face, together with the purpose for which they are issued.

As added by P.L.125-1987, SEC.1. Amended by P.L.6-1997, SEC.132; P.L.282-2003, SEC.16.
Ind. Code § 8-23-9.5-16 — Indiana Code / Title 8 / Article 23 / Chapter 9.5 / Section 8-23-9.5-16
Requests for proposals for services by CMGC or PDB
Status: in_force

Sec. 16. (a) The department shall issue a request for proposals to enter into a contract for services by a CMGC or a PDB for a project under this chapter.

(b) A request for proposals must include the following:

(1) A description of the project.

(2) An estimate of the cost of the project.

(3) A description of the scope of services that the department expects the CMGC or the PDB to perform.

(4) A list of required deliverables.

(5) The dates on which it is anticipated that each phase of the project will begin and end.

(6) A reference sample contract form.

(7) The date by which a proposal must be submitted to the department.

(8) The basis for evaluating a proposal, including a description of the selection criteria with the weight assigned to each criteria.

(9) If a GMP is described, information regarding how the GMP is calculated for the project.

(10) The reasons a contract may be terminated.

(11) Any other instructions, documents, or information relevant to the project that the department considers relevant to evaluate the submitted proposals.

(c) A person that submits a proposal under this section must identify each person with which the person proposes to enter into subcontracts for design services or preconstruction services, if known at the time the person submits the proposal. The department may determine requirements for subcontracts under this subsection.

(d) The department may require clarification from a person that submits a proposal to ensure the proposal conforms to the request for proposals.

(e) The department may reject a proposal.

As added by P.L.60-2023, SEC.2.
Ind. Code § 8-23-1.1-47 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-47
"Visible"
Status: in_force

Sec. 47. "Visible" means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity using the highway system.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-3-21-4 — Indiana Code / Title 8 / Article 3 / Chapter 21 / Section 8-3-21-4
Mutual assistance
Status: in_force

Sec. 4. The participating states agree to do the following:

(1) Make available to each other and to a consulting firm representing a participating state or the compact assistance that is available, including personnel, equipment, office space, machinery, computers, engineering, and technical advice and services.

(2) Provide financial assistance for the implementation of the feasibility study that is available.

As added by P.L.58-1992, SEC.1.
Ind. Code § 8-14-2-3 — Indiana Code / Title 8 / Article 14 / Chapter 2 / Section 8-14-2-3
Credit to state highway fund; appropriation of funds
Status: in_force

Sec. 3. (a) The state comptroller shall credit the state highway fund established under IC 8-23-9-54 monthly with sixty-three percent (63%) of the money deposited in the highway, road and street fund.

(b) Funds allocated to the department under this chapter must be appropriated.

Formerly: Acts 1969, c.392, s.3; Acts 1971, P.L.98, SEC.4; Acts 1975, P.L.90, SEC.2. As amended by Acts 1978, P.L.58, SEC.4; Acts 1980, P.L.74, SEC.218; Acts 1981, P.L.111, SEC.4; P.L.18-1990, SEC.110; P.L.185-2018, SEC.25; P.L.9-2024, SEC.291.
Ind. Code § 8-1-40-2 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-2
"Customer"
Status: in_force

Sec. 2. As used in this chapter, "customer" means a person that receives retail electric service from an electricity supplier.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-1-2-98 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-98
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.107; Acts 1933, c.190, s.17. As amended by Acts 1981, P.L.11, SEC.42. Repealed by Acts 1982, P.L.74, SEC.6.
Ind. Code § 8-1-8.9-12 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-12
SNG property interest; property rights
Status: in_force

Sec. 12. (a) An SNG property interest, including any right to future purchases of substitute natural gas during the term of a qualified contract, constitutes a present property right.

(b) Qualified costs recovered by an energy utility under a qualified order constitute proceeds of only the SNG property interest that is created by the qualified order.

(c) If the commission issues a qualified order under section 11 of this chapter, the state covenants and agrees, for the benefit of the energy utility and any assignee or financing entity involved, that the state will not take or permit any action that would:

(1) reduce or otherwise impair the value of the SNG property interest created by the qualified order; or

(2) limit, alter, or impair:

(A) the qualified order;

(B) the SNG property interest created by the qualified order; or

(C) qualified costs that are:

(i) imposed on and collected by the energy utility; and

(ii) remitted to the SNG seller;

under the terms of the qualified contract;

until the qualified contract has been performed in full.

As added by P.L.175-2007, SEC.21.
Ind. Code § 8-1-32.4-3.2 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-3.2
"Communications service provider"
Status: in_force

Sec. 3.2. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-32.6-3.

As added by P.L.8-2012, SEC.1.
Ind. Code § 8-15.5-5-2 — Indiana Code / Title 8 / Article 15.5 / Chapter 5 / Section 8-15.5-5-2
Required provisions of public-private agreement
Status: in_force

Sec. 2. A public-private agreement entered into under this article must provide for the following:

(1) The original term of the public-private agreement, which may not exceed seventy-five (75) years.

(2) Provisions for a:

(A) lease, franchise, or license of the project and the real property owned by the authority upon which the project is located or is to be located; or

(B) management agreement or other contract to operate the project and the real property owned by the authority upon which the project is located or is to be located;

for a predetermined period. The public-private agreement must provide for ownership of all improvements and real property by the authority in the name of the state or by a governmental entity, or both.

(3) Monitoring of the operator's maintenance practices by the authority and the taking of actions by the authority that it considers appropriate to ensure that the project is properly maintained.

(4) The basis upon which user fees that may be collected by the operator, as determined under this article, are established.

(5) Compliance with applicable state and federal laws and local ordinances.

(6) Filing by the operator, on a periodic basis, of appropriate financial statements in a form acceptable to the authority.

(7) Grounds for termination of the public-private agreement by the authority or the operator.

(8) The date of termination of the operator's authority and duties under this article.

(9) Procedures for amendment of the agreement.

(10) Provisions requiring the completion of all environmental analyses of the project required by state and federal law in the manner and at the times required by the appropriate state and federal agencies.

(11) An expedited method for resolving disputes between or among the authority, the parties to the public-private agreement, and units of local government that contain any part of the project, as required by IC 8-15.5-10-8.

(12) This subdivision applies only to a public-private agreement entered into after June 30, 2019. The agreement must provide for payment and performance bonds as follows:

(A) For a payment bond, an amount not less than one hundred percent (100%) of the cost to design and construct the project.

(B) For a performance bond, an amount not less than fifty percent (50%) of the cost to design and construct the project.

As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.9; P.L.205-2013, SEC.150; P.L.91-2014, SEC.26; P.L.189-2018, SEC.90; P.L.208-2019, SEC.2.
Ind. Code § 8-2.1-28-4 — Indiana Code / Title 8 / Article 2.1 / Chapter 28 / Section 8-2.1-28-4
Rules
Status: in_force

Sec. 4. The department may adopt rules under IC 4-22-2 to carry out this chapter. If the department adopts rules under this section, the rules must establish the following:

(1) Technical standards for the installation of electronic weigh-in-motion stations, including:

(A) roadway sensors;

(B) cameras;

(C) laser measurement devices;

(D) roadway pressure sensors;

(E) speed sensors; and

(F) all other equipment necessary to establish electronic weigh-in-motion stations.

(2) Weight tolerances for electronic weigh-in-motion stations, frequency of testing of weight tolerances, and certification programs for weight tolerances.

(3) Smoothness standards for approach and departure pavement, and a program to monitor roadway smoothness affecting electronic weigh-in-motion stations.

As added by P.L.218-2017, SEC.60.
Ind. Code § 8-1-34-1 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-1
"Affiliate"
Status: in_force

Sec. 1. As used in this chapter, "affiliate" has the meaning set forth in IC 23-1-43-1. The term includes a parent company or a subsidiary.

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-1-23-1 — Indiana Code / Title 8 / Article 1 / Chapter 23 / Section 8-1-23-1
Roadway obstructions or interruptions; detours
Status: in_force

Sec. 1. Whenever, in the opinion of any board of county commissioners, the use of any public county highway or highways shall be or will become impracticable or unsafe because of obstructions or interruptions resulting from erosion, changes in natural or artificial drains, or any other cause of any kind or nature whatsoever, the said board of county commissioners of the county wherein such highway or highways is located, or the boards of county commissioners of adjoining counties acting together, if the obstructed or interrupted part thereof is located upon a county line or extends from one county to another, shall have the power to close said highway or highways, or the necessary parts thereof, and divert traffic therefrom by suitable detours, if in their judgment such detours are necessary, until such time as the conditions causing such obstruction or interruption no longer exists and the continued use of said highway or highways become practicable and safe.

Formerly: Acts 1947, c.151, s.1.
Ind. Code § 8-1-40.5-13 — Indiana Code / Title 8 / Article 1 / Chapter 40.5 / Section 8-1-40.5-13
Scope of Indiana utility regulatory commission powers and duties with respect to securitization; effect of securitization on electric utility ratemaking and financing
Status: in_force

Sec. 13. (a) The commission, in exercising the commission's powers and carrying out the commission's duties with regard to any matter within the commission's authority under this chapter, may not:

(1) for purposes of ratemaking or approval of financing, consider:

(A) securitization bonds issued under a financing order to be the debt of the electric utility other than for federal income tax purposes;

(B) securitization charges paid under a financing order to be the revenue of the electric utility for any purpose; or

(C) securitization costs or financing costs specified in a financing order to be the cost of the electric utility; or

(2) determine any action taken by an electric utility that is consistent with the financing order to be unreasonable. This subdivision does not require the commission to approve a proposed capital investment under section 10(d)(4)(B) of this chapter.

(b) This chapter does not prohibit an electric utility from requesting, or the commission from approving, alternative methods for recovery of the costs of an electric generation facility upon retirement.

(c) An electric utility that has received an order from the commission approving the recording of a regulatory asset to recover the net book value of an electric generation facility upon the planned retirement of the electric generation facility may not file a petition under section 10 of this chapter with respect to the generation facility.

As added by P.L.80-2021, SEC.1.
Ind. Code § 8-4.5-1-18 — Indiana Code / Title 8 / Article 4.5 / Chapter 1 / Section 8-4.5-1-18
Repealed
Status: repealed

As added by P.L.40-1995, SEC.3. Repealed by P.L.158-1999, SEC.21.
Ind. Code § 8-16-3.1-5 — Indiana Code / Title 8 / Article 16 / Chapter 3.1 / Section 8-16-3.1-5
Appropriations from the Allen County major bridge fund
Status: in_force

Sec. 5. An appropriation from the major bridge fund in Allen County may be made without the approval of the department of local government finance if:

(1) the county executive adopts a resolution finding that the county does not need to continue accumulating money in the fund for the construction of a major bridge;

(2) the county executive requests the appropriation; and

(3) the appropriation is for the purpose of constructing, maintaining, or repairing bridges, approaches, or grade separations with respect to structures other than major bridges.

As added by P.L.182-2009(ss), SEC.266.
Ind. Code § 8-1-7.9-21 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-21
Generation resource submittal; commission's final order; time frame for issuance
Status: in_force

Sec. 21. (a) This section applies to an energy utility that submits to the commission for approval a generation resource submittal in accordance with an approved EGR plan.

(b) Notwithstanding IC 8-1-8.5 or any other statute, the commission may approve an energy utility's generation resource submittal 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 solely on whether the submittal meets the criteria and requirements set forth in the energy utility's approved EGR plan.

(c) The commission may:

(1) approve the energy utility's generation resource submittal in its entirety;

(2) deny the energy utility's generation resource submittal in its entirety; or

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

(d) The commission shall issue a final order on the energy utility's generation resource submittal not later than:

(1) sixty (60) days after receiving the energy utility's complete generation resource submittal, if the acquisition is a clean energy project (as defined in IC 8-1-8.8-2); or

(2) one hundred twenty (120) days after receiving the energy utility's complete generation resource submittal, if the acquisition would otherwise require a certificate under IC 8-1-8.5-2.

A generation resource submittal is considered 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 generation resource submittal. A generation resource submittal is considered approved if the commission does not issue a final order on the generation resource submittal within the period set forth in subdivision (1) or (2), as applicable.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-1-1-8 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-8
Hearings; publication of notice
Status: in_force

Sec. 8. (a) Notwithstanding any other statute relative to the publication of notice of hearings to be held by the utility regulatory commission, publication of notice of hearings to be held by the commission shall be made only in accordance with this chapter.

(b) Whenever the utility regulatory commission orders a hearing in any proceeding instituted by or against any public utility, notice of the hearing shall be given by one (1) publication appearing not less than ten (10) days prior to the date fixed for the hearing in two (2) newspapers of general circulation published in one (1) county wherein reside patrons or customers of the public utility who might be affected by an order made by the commission pursuant to the hearing. If two (2) newspapers of general circulation are not published in the county, then one (1) publication appearing not less than ten (10) days prior to the date fixed for the hearing in one (1) newspaper of general circulation published in the county shall be sufficient. If no newspaper of general circulation is published in the county, then the commission shall cause notice of the hearing to be given by one (1) publication appearing not less than ten (10) days prior to the date fixed for the hearing in two (2) newspapers of general circulation published in a county adjoining the county wherein reside patrons or customers of the public utility who might be affected by the order. If any newspaper of general circulation in which the commission publishes a notice as prescribed by this subsection does not publish a print edition at least three (3) times a week, the commission may cause the notice to be published in either:

(1) the print edition; or

(2) an electronic edition (as defined in IC 5-3-1-0.1);

of the newspaper or a locality newspaper (as defined in IC 5-3-1-0.2) that circulates within the county.

(c) Whenever the department of state revenue orders a hearing in any proceeding instituted by or against a motor vehicle carrier, notice of such hearing shall be given by one (1) publication appearing not less than ten (10) days prior to the date fixed for such hearing in two (2) newspapers of general circulation published in the county where such motor vehicle carrier has its principal office or place of business. If two (2) newspapers of general circulation are not published in such county, then one (1) publication appearing not less than ten (10) days prior to the date fixed for such hearing in one (1) newspaper of general circulation published in such county shall be sufficient. If no newspaper of general circulation is published in the county, the department of state revenue shall cause notice of such hearing to be given by one (1) publication appearing not less than ten (10) days prior to the date fixed for such hearing in two (2) newspapers of general circulation published in a county adjoining the county where such motor vehicle carrier has its principal office or place of business. If the motor vehicle carrier has no office or place of business in Indiana, then such notice shall be given by one (1) publication appearing not less than ten (10) days prior to the date fixed for the hearing in two (2) newspapers of general circulation published in Marion County.

(d) In addition to the published notice, the commission shall mail notice of the hearing and notice of the filing of applications or proceedings to persons, firms, limited liability companies, or corporations having competitive interests involved and to the representatives of any city or town affected by the hearing, application, or proceeding. Failure to mail the notices shall not be deemed to be jurisdictional, but may be ground for rehearing.

Formerly: Acts 1941, c.101, s.8; Acts 1943, c.244, s.1. As amended by P.L.59-1984, SEC.3; P.L.384-1987(ss), SEC.1; P.L.99-1989, SEC.2; P.L.8-1993, SEC.104; P.L.9-2025, SEC.3.
Ind. Code § 8-23-1.1-25 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-25
"Junk"
Status: in_force

Sec. 25. "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles or automobile parts, iron, steel, and other old scrap ferrous or nonferrous material.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-10-3-1 — Indiana Code / Title 8 / Article 10 / Chapter 3 / Section 8-10-3-1
Authority for acquisition and operation of port facilities
Status: in_force

Sec. 1. (a) Except as otherwise provided by this chapter, the definitions set forth in IC 8-10-1-2 apply throughout this chapter.

(b) In addition to the powers conferred upon the ports of Indiana by other provisions of this article, the ports of Indiana shall have the power whenever the ports of Indiana finds it either desirable or necessary in order to increase the water borne traffic into or out of the port to acquire, lease, construct, maintain, repair, and police facilities, adjuncts, and appurtenances for use in the business of in transit processing, finishing, reduction, conversion, completion, packaging, bottling, transshipment, or handling of commodities. In exercising the powers granted in this section, the ports of Indiana shall have all the powers granted to the ports of Indiana by this article in connection with a port project, and the term "port project", as used in this article, shall be deemed and construed to include facilities, adjuncts, and appurtenances of the character referred to in this section.

Formerly: Acts 1965, c.237, s.1. As amended by P.L.66-1984, SEC.17; P.L.98-2008, SEC.42.
Ind. Code § 8-1-26-11 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-11
"Person"
Status: in_force

Sec. 11. As used in this chapter, "person" means an individual, a corporation, a partnership, a limited liability company, an association, or other entity organized under the laws of any state. The term includes state, local, and federal agencies. The term does not include the association.

As added by P.L.69-1990, SEC.2. Amended by P.L.8-1993, SEC.131; P.L.62-2009, SEC.9.
Ind. Code § 8-15.7-6-3 — Indiana Code / Title 8 / Article 15.7 / Chapter 6 / Section 8-15.7-6-3
Projects subject to certain state highway standards
Status: in_force

Sec. 3. Each project constructed or operated under this article is considered to be part of the state highway system designated under IC 8-23-4-2 for purposes of identification, maintenance standards, and enforcement of traffic laws.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-23-7-20 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-20
Exchange of lands, rights, and easements; attaching construction contracts, bonds, or plans to exchange agreements
Status: in_force

Sec. 20. The construction contract, bond, plans, and specifications required under section 19 of this chapter shall be attached to the exchange agreement for the parcels of property and incorporated by reference into the exchange agreement.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-1-40-3 — Indiana Code / Title 8 / Article 1 / Chapter 40 / Section 8-1-40-3
"Distributed generation"
Status: in_force

Sec. 3. (a) As used in this chapter, "distributed generation" means electricity produced by a generator or other device that is:

(1) located on the customer's premises;

(2) owned by the customer;

(3) sized at a nameplate capacity of the lesser of:

(A) not more than one (1) megawatt; or

(B) the customer's average annual consumption of electricity on the premises; and

(4) interconnected and operated in parallel with the electricity supplier's facilities in accordance with the commission's approved interconnection standards.

(b) The term does not include electricity produced by the following:

(1) An electric generator used exclusively for emergency purposes.

(2) A net metering facility (as defined in 170 IAC 4-4.2-1(k)) operating under a net metering tariff.

As added by P.L.264-2017, SEC.6.
Ind. Code § 8-10-5-21 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-21
Repealed
Status: repealed

Formerly: Acts 1959, c.343, s.21. Repealed by Acts 1975, P.L.86, SEC.4.
Ind. Code § 8-15.5-4-11 — Indiana Code / Title 8 / Article 15.5 / Chapter 4 / Section 8-15.5-4-11
Designation of operator; publication of notice; execution of public-private agreement
Status: in_force

Sec. 11. (a) After the applicable procedures required in this chapter have been completed, the authority shall make a determination as to whether the offeror that submitted the selected offer should be designated as the operator for the project and shall submit the authority's determination to the governor and the budget committee.

(b) After review of the authority's determination by the budget committee, the governor may accept or reject the determination of the authority. If the governor accepts the determination of the authority, the governor shall designate the offeror who submitted the selected offer as the operator for the project. The authority shall publish notice of the designation of the operator for the project one (1) time, in accordance with IC 5-3-1.

(c) After the designation of the operator for the project, the authority may execute the public-private agreement with that operator.

(d) The budget committee shall hold a meeting and conduct a review of the determination not later than ninety (90) days after the date the authority's determination is submitted for review.

As added by P.L.47-2006, SEC.39. Amended by P.L.163-2011, SEC.5; P.L.205-2013, SEC.148; P.L.181-2016, SEC.35.
Ind. Code § 8-21-11-5 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-5
Program to foster airport development; components; rules
Status: in_force

Sec. 5. (a) The department shall adopt rules under IC 4-22-2 to establish a program to foster airport development in Indiana with special emphasis on improvement of airports as an economic development tool. The program must include the following components:

(1) State grants to airports from the grant fund to match federal Aviation Trust Fund grants.

(2) State grants to airports from the grant fund for airport development projects for which federal grants are not available.

(3) Loans to airports from the loan fund for airport development projects.

(b) The rules must establish the following for both grants and loans:

(1) Standards of eligibility.

(2) The maximum amount of money for which any one (1) airport or airport development project is eligible.

(3) Application procedures.

(4) The local matching funds that are required.

(5) In determining the amount of the match for a state grant for which federal grants are not available as described in subsection (a)(2), the department shall:

(A) consider the airport classification and the type of project; and

(B) require matching funds of at least twenty-five percent (25%).

(6) Other provisions to administer the grant and loan programs.

As added by P.L.34-1990, SEC.2. Amended by P.L.123-2023, SEC.1.
Ind. Code § 8-10-1-0.3 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-0.3
Treatment of references to Indiana port commission
Status: in_force

Sec. 0.3. (a) As used in this section, "Indiana port commission" means the Indiana port commission established by section 3 of this chapter, as in effect before March 19, 2008.

(b) As used in this section, "ports of Indiana" means the ports of Indiana established by section 3 of this chapter, as amended by P.L.98-2008.

(c) After June 30, 2008, a reference to the Indiana port commission in a statute, a rule, or another document is considered a reference to the ports of Indiana, as the successor entity.

As added by P.L.220-2011, SEC.197.
Ind. Code § 8-2.1-23-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 23 / Section 8-2.1-23-3
Investments
Status: in_force

Sec. 3. The treasurer of state shall invest the money in the motor carrier regulation fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

As added by P.L.99-1989, SEC.14.
Ind. Code § 8-23-1.1-46 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-46
"Utility"
Status: in_force

Sec. 46. "Utility" has the meaning set forth in IC 8-1-9-2(a).

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-23-26-3 — Indiana Code / Title 8 / Article 23 / Chapter 26 / Section 8-23-26-3
Notice of order to relocate
Status: in_force

Sec. 3. The department shall give notice under IC 4-21.5-3-6 to the utility of the commissioner's order to relocate the utility's facilities.

As added by P.L.63-1992, SEC.4.
Ind. Code § 8-2-15-12 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-12
Landings; obstruction
Status: in_force

Sec. 12. It shall not be lawful to obstruct, by steamboats, keelboats, flatboats, or otherwise, the landings of ferries established under this chapter, but such ferries shall be entitled to the exclusive use of the whole width of the routes leading thereto for all appropriate purposes.

Formerly: Acts 1881(ss), c.52, s.12. As amended by P.L.59-1984, SEC.112.
Ind. Code § 8-20-1-6 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-6
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.6. As amended by P.L.353-1983, SEC.7. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-3-1.5-2 — Indiana Code / Title 8 / Article 3 / Chapter 1.5 / Section 8-3-1.5-2
Authority of Indiana department of transportation
Status: in_force

Sec. 2. The department is hereby authorized to exercise those powers necessary for the state to qualify for rail service continuation subsidies pursuant to the provisions of the federal Regional Rail Reorganization Act of 1973, including authority:

(a) to establish a state plan for rail transportation and local rail services;

(b) to administer and coordinate the state plan;

(c) to provide in the plan for the equitable distribution of federal rail service continuation subsidies among state, local, and regional transportation authorities;

(d) to promote, supervise, and support safe, adequate, and efficient rail services;

(e) to employ sufficient trained and qualified personnel for these purposes;

(f) to maintain adequate programs of investigation, research, promotion, and development in connection with such purposes and to provide for public participation in the programs;

(g) to provide satisfactory assurances on behalf of the State that such fiscal control and fund accounting procedures will be adopted by the State as may be necessary to assure proper disbursement of and account for federal funds paid to the State as rail service continuation subsidies;

(h) to comply with the regulations of the Secretary of Transportation of the United States Department of Transportation affecting federal rail service continuation programs; and

(i) to do all things otherwise necessary to maximize federal assistance to the State under Title IV of the Federal Regional Rail Reorganization Act of 1973.

Formerly: Acts 1975, P.L.79, SEC.1. As amended by Acts 1980, P.L.74, SEC.41; P.L.1-1994, SEC.34; P.L.100-2012, SEC.22; P.L.136-2018, SEC.82.
Ind. Code § 8-4.5-4-4 — Indiana Code / Title 8 / Article 4.5 / Chapter 4 / Section 8-4.5-4-4
Factors to be considered
Status: in_force

Sec. 4. In determining whether the state should acquire any part of a railroad's interest in a corridor, the Indiana department of transportation shall consider the following factors:

(1) The potential for future use of the railroad's interest in the corridor as a freight or high-speed passenger rail line, considering the following:

(A) The potential need for use of the railroad's interest in the corridor for future transportation purposes.

(B) The cost of maintaining the railroad's interest in the corridor during any time before the future transportation use will begin.

(C) The effect of any interim use and the future transportation use of the railroad's interest in the corridor on property owners.

(D) Any relevant requirement of any federal law.

(E) Any other factor the department considers relevant.

(2) Based on the recommendation of the department of natural resources, the potential for recreational use of the railroad's interest in the corridor considering the following:

(A) The recreational value of the railroad's interest in the corridor.

(B) The feasibility of using the railroad's interest in the corridor for recreation.

(C) The likelihood that there may be significant recreational use of the railroad's interest in the corridor if the railroad's interest in the corridor is converted to a trail.

(D) The general acceptability of the proposed recreational use of the railroad's interest in the corridor to property owners and the community at large.

(E) The existence of a willing person, whether public or private, to operate the railroad's interest in the corridor for the proposed recreational use.

(F) Any relevant requirement of any federal law.

(G) Any other factor the department considers relevant.

(3) The potential for the use of the railroad's interest in the corridor for communications or utility use.

(4) Whether there are funds to acquire the railroad's interest in the corridor.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.9; P.L.164-2020, SEC.27.
Ind. Code § 8-23-9-35 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-35
Claims against contractors; mailing or publication of notice
Status: in_force

Sec. 35. Notice under section 34 of this chapter shall be mailed to the person, firm, limited liability company, or corporation by certified mail to the last known address. If the address of the person, firm, limited liability company, or corporation is unknown, the notice shall be given by publication once each week for two (2) successive weeks in two (2) newspapers of general circulation published in the county or counties where the contract with the department was performed. In a notice given by publication, the names of all persons, firms, limited liability companies, or corporations who have filed claims against the contractor and who have not been notified by mail may be included. Notice under this section must state that action must be filed on the claim within ninety (90) days of the date of the notice.

As added by P.L.18-1990, SEC.218. Amended by P.L.8-1993, SEC.159.
Ind. Code § 8-1-2-74 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-74
Investigations; self-incrimination
Status: in_force

Sec. 74. No person shall be excused from testifying or from producing books, accounts, and papers in any proceeding based upon or growing out of any violation of the provisions of this chapter on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him would incriminate him or subject him to penalty or forfeiture; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may have testified or produced any documentary evidence; provided, that no person testifying shall be exempted from prosecution or punishment for perjury in so testifying.

Formerly: Acts 1913, c.76, s.86. As amended by P.L.59-1984, SEC.33.
Ind. Code § 8-14-15.1-16 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-16
Report to budget committee
Status: in_force

Sec. 16. The trustee shall report to the budget committee every six (6) months concerning the investment of trust assets, the returns on those investments, and other actions taken by the trustee and the board.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-17-1-16 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-16
Repair of improved roads
Status: in_force

Sec. 16. Any highway improved under this chapter becomes a part of the highway system of the county and shall be kept in repair in the same manner as other roads are kept in repair, and is subject to the same statutes governing the repair and maintenance of highways.

Formerly: Acts 1919, c.112, s.17. As amended by P.L.66-1984, SEC.81; P.L.86-1988, SEC.80.
Ind. Code § 8-10-5-13 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-13
Revenue bonds; issuance and sale
Status: in_force

Sec. 13. (a) Whenever a port authority, which was created or which shall be hereafter created by a city, town or county acting as a singular government unit or which after its creation has come under the jurisdiction of a city, town, or county as a singular government unit, has been authorized by the governing body of the city, town, or county to issue and sell revenue bonds for the purpose of obtaining funds with which to construct, purchase, lease, operate, maintain, or improve facilities included in the development plan or amendment thereof, the revenue bonds shall be:

(1) issued in the name of the city, town, or county;

(2) executed by the executive of the city, town, or county and the chairman of the board of directors of the port authority; and

(3) attested to by the clerk or clerk-treasurer of the city or town or auditor if a county.

(b) In authorizing revenue bonds and providing for the issuance and sale thereof, the governing body of the city, town, or county shall, by ordinance, consistent with pertinent statutes, provide all necessary details concerning the form and tenor of the revenue bonds, the amount thereof, the maturity dates, the provision for payment of principal and interest, the negotiability, and all other details, requirements, regulations, or specifications necessary to make the revenue bonds acceptable and legal instruments.

(c) The governing body shall, in its ordinance, make provision for the expenditure of the funds derived from the sale of the revenue bonds in accordance with the purposes for which the issuance and sale was authorized. The governing body shall specifically provide for the allocation of income and revenue of the port authority into the fund or funds as may be necessary to properly secure the accumulation of money in a separate account or accounts for use in the payment of principal and interest of the revenue bonds as they become due and payable.

Formerly: Acts 1959, c.343, s.12a; Acts 1961, c.247, s.5. As amended by Acts 1981, P.L.74, SEC.4; P.L.8-1989, SEC.52.
Ind. Code § 8-2.1-22-22.5 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-22.5
Violation involving consumer transaction
Status: in_force

Sec. 22.5. A person who violates a provision of this chapter involving a consumer transaction (as defined in IC 24-5-0.5-2(a)(1)) entailing the transportation of passengers or household goods commits a deceptive act that is actionable by the attorney general under IC 24-5-0.5 and is subject to the remedies and penalties under IC 24-5-0.5, in addition to all other remedies and penalties under this chapter.

As added by P.L.205-2025, SEC.37.
Ind. Code § 8-23-32-10 — Indiana Code / Title 8 / Article 23 / Chapter 32 / Section 8-23-32-10
Worksite speed control pilot program
Status: in_force

Sec. 10. (a) The department shall establish the worksite speed control pilot program for the purpose of enforcing worksite speed limits.

(b) The department shall work in coordination with the state police department to administer the pilot program.

(c) The department and the state police department shall enter into an agreement to share information regarding the pilot program.

(d) The department may enter into an agreement with a third party vendor to assist in the administration of the pilot program.

As added by P.L.120-2023, SEC.2.
Ind. Code § 8-2.1-19-1 — Indiana Code / Title 8 / Article 2.1 / Chapter 19 / Section 8-2.1-19-1
Instrument required
Status: in_force

Sec. 1. The bureau of motor vehicles may not register or license a motor bus, truck, tractor, trailer, or semitrailer used or intended to be used for hire by the owner whenever the law requires the owner to obtain a permit or certificate of convenience and necessity from the department until the department furnishes the bureau of motor vehicles with an instrument.

As added by P.L.99-1989, SEC.10.
Ind. Code § 8-1-19-1 — Indiana Code / Title 8 / Article 1 / Chapter 19 / Section 8-1-19-1
Public policy
Status: in_force

Sec. 1. Whereas the telephone system of this country is a nationwide interconnected and interrelated system, no part of which may be suspended without seriously and adversely affecting the whole, and whereas the continuous operation of such communications system is essential to the operation of the economic life of the country and is necessary to prevent extreme hardship, now, therefore, it is legislatively determined that the remedy of suspension or revocation of the permit of a telephone company for violation of law or the rules or orders of lawful authority is wholly inadequate and that additional remedy therefor is necessary and proper and that the intrinsic nature of the telephone business justifies such additional remedy for such industry.

Formerly: Acts 1947, c.270, s.1.
Ind. Code § 8-1-8.2-5 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-5
"Premise of land"
Status: in_force

Sec. 5. As used in this chapter, "premise of land" means property comprising a tract of land on which a project owner proposes to construct an electric generation facility, including land within the perimeter of the tract of land that was not owned by the project owner as of January 1, 2025.

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-15.7-9-2 — Indiana Code / Title 8 / Article 15.7 / Chapter 9 / Section 8-15.7-9-2
Leases with the department or operator
Status: in_force

Sec. 2. (a) The authority may enter into a lease with the department or the operator, or both, of a project or projects financed under this chapter. The department may lease a project financed under this chapter to the authority or an operator under a public-private agreement.

(b) A lease of a project to the department under this chapter must comply with IC 8-14.5-5 except that:

(1) the lease is not required to comply with IC 8-14.5-5-3(a)(1); and

(2) notwithstanding IC 8-14.5-5-2(a)(2), a lease under this chapter may be extended from biennium to biennium, with the extensions not to exceed a lease term of seventy-five (75) years unless the department gives notice of nonextension at least six (6) months before the end of the biennium, in which event the lease expires at the end of the biennium in which the notice is given.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-15-3-18 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-18
Employees, consultants, and contractors
Status: in_force

Sec. 18. The department may employ consulting engineers, superintendents, managers, other engineers, construction experts, financial advisers, accounting experts, attorneys, and other consultants, contractors, employees, and agents necessary to carry out this chapter or IC 8-15.7, and fix their compensation.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.28.
Ind. Code § 8-23-30-3.5 — Indiana Code / Title 8 / Article 23 / Chapter 30 / Section 8-23-30-3.5
Distribution; eligibility for grant
Status: in_force

Sec. 3.5. In each state fiscal year beginning after June 30, 2026, a local unit that receives a distribution under section 2(k) of this chapter may be eligible for a grant from the local road and bridge matching grant fund described in section 2(h) of this chapter. The grant distribution amount may not exceed the maximum amount set under section 8 of this chapter minus the amount the local unit received from a distribution under section 2(k) of this chapter. A distribution made under section 2(k) of this chapter may limit the total amount a local unit is eligible to receive from the local road and bridge grant matching grant under section 2(h) of this chapter only for the calendar year in which the funds are received.

As added by P.L.173-2025, SEC.29. Amended by P.L.147-2026, SEC.12.
Ind. Code § 8-16-2-5 — Indiana Code / Title 8 / Article 16 / Chapter 2 / Section 8-16-2-5
Issuance of bonds; redemption
Status: in_force

Sec. 5. (a) Said bonds shall be issued in denominations of one thousand dollars ($1,000) each, except that one (1) bond may be for less than one thousand dollars ($1,000), and all shall be made payable to bearer at some designated bank in the state of Indiana and shall bear interest at any rate, payable semiannually. Said bonds shall be numbered in consecutive, numerical order and shall be so issued as to the maturity dates thereof that one-thirtieth part, as nearly as practicable, of all said bonds shall become due and be payable on the first day of December following the time allowed by law for the collection of the first tax levied for use in paying said bonds and the interest thereon, and a like amount of said bonds shall thereafter become due each year and on the same date each year until all become due and payable.

(b) Said bonds shall be issued and otherwise executed as the bonds of such county, shall be the bonds of and a direct obligation of such county, shall be signed by its board of county commissioners and sealed with the corporate seal of said county and attested by the county auditor of such county; but the lithograph signature of the auditor of such county shall be the only signature required upon the interest coupons attached to said bonds.

(c) Such bonds, or any part thereof, shall be subject to call and redemption by such county at any semiannual interest payment date after the expiration of five (5) years from the date of issue, and from time to time thereafter before maturity, at the par value thereof plus accrued interest, at the election of the board of county commissioners of such county.

(d) If said board of county commissioners shall determine to redeem any of said bonds prior to maturity, such bonds shall be redeemed in their numerical order and notice of such election to redeem prior to maturity shall be given by two (2) publications, one (1) each week and on the same day of each week, in two (2) newspapers of general circulation, printed in the English language and published, one (1) at the city of Indianapolis and the other at the county seat of the county by which said bonds were issued, which publications shall be completed at least ten (10) days prior to the interest paying date on which any of said bonds are called for redemption. Said notice shall state the number or numbers of the bonds so called for redemption prior to maturity and otherwise identify and make certain the bonds so to be redeemed, and the bonds so called for redemption shall be redeemed and paid by such county at the time and place designated in such notice.

(e) If the bonds so called for redemption are not surrendered or tendered by the holders thereof for redemption at the time and place designated in said notice, such bonds shall not thereafter bear any interest, provided the county has on deposit at the time and place designated sufficient funds to redeem and pay such bonds, together with the accrued interest thereon.

Formerly: Acts 1927, c.10, s.5. As amended by Acts 1981, P.L.11, SEC.55.
Ind. Code § 8-14-1-6 — Indiana Code / Title 8 / Article 14 / Chapter 1 / Section 8-14-1-6
Repealed
Status: repealed

Formerly: Acts 1941, c.168, s.6. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-14.5-1-3 — Indiana Code / Title 8 / Article 14.5 / Chapter 1 / Section 8-14.5-1-3
Liberal construction
Status: in_force

Sec. 3. This article is necessary for the welfare of the state and its inhabitants and shall be liberally construed to effect the purposes of this article.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-15.7-2-15 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-15
"Public-private agreement"
Status: in_force

Sec. 15. "Public-private agreement" means the public-private agreement between the operator and the department that relates to any combination of the development, financing, or operation of a qualifying project and is entered into under this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-6-7.6-2 — Indiana Code / Title 8 / Article 6 / Chapter 7.6 / Section 8-6-7.6-2
Repealed
Status: repealed

Formerly: Acts 1972, P.L.64, SEC.1. As amended by P.L.103-2001, SEC.2; P.L.2-2013, SEC.3. Repealed by P.L.198-2016, SEC.66.
Ind. Code § 8-6-2.1-4 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-4
Preparation of maps and plans
Status: in_force

Sec. 4. (a) Whenever the board of any city determines that public necessity and convenience require the separation or alteration of the grade of any highway and any railroad at their intersection in the city, it shall order the preparation of general maps, and plans and specifications comprehending all work and changes necessary or incidental to the improvement, including the opening, widening, change, vacation, elevation, depression or reconstruction of any highway, and the elevation, depression, removal, relocation, construction or reconstruction of the track, roadbed, yards, station, or other facilities of any railroad, and also a description of all lands, rights-of-way and other property necessary to be acquired in connection with the improvement, and the manner in which they are to be acquired, whether by purchase or by appropriation, together with an estimate of the total cost to be incurred in connection with the improvement, as the total cost is defined by this chapter.

(b) If the maps, plans and specifications provide for the abandonment for railroad purposes of any right-of-way, land or other property owned or used or occupied for railroad purposes by any railroad company, and the removal of any track, roadbed, yard, station or other facilities, requires the relocation and reconstruction of the facilities, or any part of them, the board, prior to the adoption of the resolution for the improvement, shall enter into an agreement or agreements with the railroad company affected, for adjustment of the costs and losses occasioned by the removal, relocation and reconstruction, and the value of all the property abandoned for railroad purposes and reclaimed for other uses, the apportionment of the adjusted costs, losses and values between the railroads affected and the city, and other matters necessarily related.

(c) Cost adjustments required by this chapter are governed by IC 8-6-3, the provisions of which are incorporated in this chapter by reference.

[Pre-Local Government Recodification Citation: 19-5-14-4.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-1-30.8-3 — Indiana Code / Title 8 / Article 1 / Chapter 30.8 / Section 8-1-30.8-3
"Non-revenue water"
Status: in_force

Sec. 3. As used in this chapter, "non-revenue water" means the difference between:

(1) the volume of water entering a water utility's water distribution system; and

(2) the volume of water:

(A) that is received by the water utility's customers; and

(B) for which the water utility bills its customers.

As added by P.L.15-2019, SEC.7.
Ind. Code § 8-16-15.5-3 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-3
Bridge authority; members
Status: in_force

Sec. 3. (a) The bridge authority shall be composed of the following five (5) individuals:

(1) Three (3) members appointed by the governor, no more than two (2) of whom may be from the same political party.

(2) One (1) member appointed by the appropriate county executive of Posey County.

(3) One (1) member appointed by the appropriate town executive of New Harmony.

(b) Except as provided in subsection (c), all members must be residents of Posey County and at least eighteen (18) years of age.

(c) If the bridge authority:

(1) forms a joint authority between:

(A) the state and Illinois; or

(B) the state and an Illinois entity; or

(2) enters into an agreement with an Illinois entity to jointly act in implementing this chapter;

the bridge authority may determine the membership and term of office for any bridge authority member representing Illinois or an Illinois entity.

(d) Each bridge authority member, before beginning the member's duties, shall execute a bond payable to the state. The bond must:

(1) be in the sum of fifteen thousand dollars ($15,000);

(2) be conditioned upon the member's faithful performance of the duties of the member's office; and

(3) account for all monies and property that may come into the member's possession or under the member's control.

The cost of the bond shall be paid by the bridge authority.

(e) If a member ceases to be qualified under this section, the member forfeits the member's office.

(f) Bridge authority members are not entitled to salaries but may seek reimbursement for expenses incurred in the performance of their duties.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-15-3-34 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-34
Employment of police officers
Status: in_force

Sec. 34. The department may arrange for the use and employment of police officers to police a tollway. The police officers employed under this section are vested with all necessary police powers to enforce state laws. A police officer employed under this section has the same powers within the property limits of a tollway as a law enforcement officer (as defined in IC 35-31.5-2-185) within the law enforcement officer's jurisdiction. A warrant of arrest issued by the proper authority of the state may be executed within the property limits of the tollway by a police officer employed by the department or an operator.

As added by P.L.47-2006, SEC.37. Amended by P.L.114-2012, SEC.17.
Ind. Code § 8-5-15-5.5 — Indiana Code / Title 8 / Article 5 / Chapter 15 / Section 8-5-15-5.5
Bonds; security; pledges or assignments; rights and remedies of bondholders; depository; expenses
Status: in_force

Sec. 5.5. (a) In the discretion of the board, any bonds issued under the provisions of this chapter may be secured by a trust agreement by and between the board and a corporate trustee, which may be any trust company or bank having the powers of a trust company within this state. Any resolution adopted by the board providing for the issuance of revenue bonds and any trust agreement pursuant to which the bonds are issued may pledge or assign, subject only to valid prior pledges, all or any portion of the revenues received or to be received by the board, except such part as may be necessary to pay the cost of the board's administrative expenses, operation, maintenance, and repair of the railroad, and to provide reserves required by any bond resolution adopted or trust agreement executed by the board.

(b) In authorizing the issuance of bonds, the board may limit the amount of bonds that may be issued as a first lien against the amounts pledged to the payment of those bonds, or the board may authorize the issuance from time to time thereafter of additional bonds secured by the same lien. Additional bonds shall be issued on such terms and conditions as may be provided in the bond resolution or resolutions adopted by the board and in the trust agreement or any agreement supplemental to the trust agreement. Additional bonds may be secured equally and ratably without preference, priority, or distinction with the original issue of bonds, or may be made junior to the original issue of bonds.

(c) Any pledge or assignment made by the board under this section is valid and binding from the time that the pledge or assignment is made, and the amounts so pledged and thereafter received by the board are immediately subject to the lien of the pledge or assignment without physical delivery of those amounts or further act. The lien of the pledge or assignment is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the board or district irrespective of whether these parties have notice of the lien. Neither the resolution nor any trust agreement by which a pledge is created or an assignment made need be filed or recorded in order to perfect the resulting lien against third parties. However, a copy of the pledge or assignment shall be filed in the records of the board.

(d) Any trust agreement or resolution providing for the issuance of bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law. The provisions may include, but are not limited to, covenants setting forth the duties of the board in relation to:

(1) the acquisition of property;

(2) the custody, safeguarding, investment, and application of all moneys received or to be received by the board of trustees;

(3) the establishment of funds, reserves, and accounts;

(4) the construction, improvement, maintenance, repair, operation, and insurance of the railroad project in connection with which the bonds shall have been authorized; and

(5) the rates of fees, tolls, rentals, or other charges to be collected for the use of the railroad project.

(e) It is lawful for any bank or trust company incorporated under the laws of the state, and any national banking association which may act as depository of the proceeds of bonds or other funds of the board, to furnish such indemnifying bonds or to pledge such securities as may be required by the board.

(f) Any trust agreement entered into under this section may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of private corporations. In addition, such a trust agreement may contain such other provisions as the board may deem reasonable and proper for the security of the bondholders.

(g) All expenses incurred in carrying out the provisions of a trust agreement entered into under this section may be paid from the amounts distributed to the district from the electric rail service fund, from the bond proceeds, or from revenues.

As added by Acts 1981, P.L.67, SEC.8. Amended by P.L.64-1984, SEC.5.
Ind. Code § 8-6-2.1-33 — Indiana Code / Title 8 / Article 6 / Chapter 2.1 / Section 8-6-2.1-33
Filing of description of acquired lands
Status: in_force

Sec. 33. Within sixty (60) days after any land or right in it is paid for and acquired under this chapter, the board shall file and have recorded in the recorder's office in the county in which the land is situated a description of it sufficiently accurate for its identification, with a statement of the purpose for which it is acquired or taken. The description shall be signed by a majority of the board. The board may transfer to any railroad company or companies any property acquired in connection with the improvement, but intended for the permanent occupation or use of the railroad or railroads, after proper adjustment in the equitable settlements between the parties.

[Pre-Local Government Recodification Citation: 19-5-14-33.]

As added by Acts 1980, P.L.8, SEC.70.
Ind. Code § 8-22-2-19 — Indiana Code / Title 8 / Article 22 / Chapter 2 / Section 8-22-2-19
Validation of acts
Status: in_force

Sec. 19. All acts of an eligible entity in establishing an airport or landing field, and all other acts in connection with them, taken by the entity under a prior statute, including all bonds issued, authorized, or sold under that statute or any other statute, the proceeds of which have been either used or designed for purposes stated in this chapter, and all acts of officials relating to any of the matters stated, are ratified as if authorized by statute.

[Pre-Local Government Recodification Citation: 19-6-1-20.]

As added by Acts 1980, P.L.8, SEC.73.
Ind. Code § 8-4-33-4 — Indiana Code / Title 8 / Article 4 / Chapter 33 / Section 8-4-33-4
Liability for stock killed or injured
Status: in_force

Sec. 4. Nothing in this chapter contained shall in any manner affect or change the liability of railroad corporations, or of the assignees, lessees, or receivers of such corporations, for stock killed or injured upon their railroads; but such liability shall exist and be governed as if this chapter had never been enacted.

Formerly: Acts 1885(ss), c.91, s.4. As amended by P.L.62-1984, SEC.90.
Ind. Code § 8-15.5-1-2 — Indiana Code / Title 8 / Article 15.5 / Chapter 1 / Section 8-15.5-1-2
Complete authority for public-private agreements; state park improvements; limitations
Status: reserved

Sec. 2. (a) This article contains full and complete authority for public-private agreements between the authority, a private entity, and, where applicable, a governmental entity. Except as provided in this article, no law, procedure, proceeding, publication, notice, consent, approval, order, or act by the authority or any other officer, department, agency, or instrumentality of the state or any political subdivision is required for the authority to enter into a public-private agreement with a private entity under this article, or for a project that is the subject of a public-private agreement to be constructed, acquired, maintained, repaired, operated, financed, transferred, or conveyed.

(b) However, neither the authority nor the department may issue a request for proposals for a public-private agreement under this article that would authorize an operator to impose user fees unless the budget committee has reviewed the request for proposals.

(c) Before the authority or an operator may carry out any of the following activities under this article, the general assembly must enact a statute authorizing that activity:

(1) Imposing user fees on motor vehicles for use of Interstate Highway 69.

(2) Except for a project for which a waiver is granted under IC 8-15-3-36, imposing user fees on motor vehicles for use of a nontolled highway, roadway, or other facility in existence or under construction on July 1, 2011, including nontolled interstate highways, U.S. routes, and state routes.

(d) The general assembly is not required to enact a statute authorizing the authority or the department to issue a request for proposals or enter into a public-private agreement for a freeway project.

(e) The authority may enter into a public-private agreement for a facility project if the general assembly, by statute, authorizes the authority to enter into a public-private agreement for the facility project.

(f) As permitted by subsection (e), the general assembly authorizes the authority to enter into public-private agreements for a state park inn and related improvements at Potato Creek State Park.

As added by P.L.47-2006, SEC.39. Amended by P.L.85-2010, SEC.4; P.L.163-2011, SEC.4; P.L.119-2012, SEC.94; P.L.205-2013, SEC.136; P.L.91-2014, SEC.17; P.L.94-2015, SEC.3; P.L.213-2015, SEC.103; P.L.149-2016, SEC.38; P.L.181-2016, SEC.33; P.L.217-2017, SEC.70; P.L.218-2017, SEC.73; P.L.86-2018, SEC.143; P.L.189-2018, SEC.85; P.L.9-2020, SEC.1; P.L.165-2021, SEC.129; P.L.104-2022, SEC.68; P.L.12-2022, SEC.2; P.L.105-2022, SEC.35; P.L.19-2023, SEC.1; P.L.173-2025, SEC.17.
Ind. Code § 8-1-17-21 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-21
Repealed
Status: repealed

Formerly: Acts 1951, c.193, s.21; Acts 1955, c.89, s.1. As amended by P.L.59-1984, SEC.81; P.L.97-1993, SEC.10. Repealed by P.L.27-2006, SEC.62.
Ind. Code § 8-22-3.7-17 — Indiana Code / Title 8 / Article 22 / Chapter 3.7 / Section 8-22-3.7-17
Bond issues
Status: in_force

Sec. 17. (a) The development authority may issue bonds for the purpose of obtaining money to pay the cost of:

(1) acquiring property;

(2) constructing, improving, reconstructing, or renovating one (1) or more airport projects; or

(3) funding or refunding bonds issued under this chapter or IC 8-22-3.

(b) The bonds are payable solely from the lease rentals from the lease of the airport project for which the bonds were issued, insurance proceeds, and any other funds pledged or available.

(c) The bonds shall be authorized by a resolution of the development board.

(d) The terms and form of the bonds shall either be set out in the resolution or in a form of trust indenture approved by the resolution.

(e) The bonds shall mature within fifty (50) years.

(f) The development board shall sell the bonds at public or private sale upon terms determined by the development board.

(g) All money received from any bonds issued under this chapter shall be applied solely to the payment of the cost of the acquisition or construction, or both, of airport projects, or the cost of refunding or refinancing outstanding bonds, for which the bonds are issued. The cost may include:

(1) planning and development of the airport project and all related buildings, facilities, structures, and improvements;

(2) acquisition of a site and clearing and preparing the site for construction;

(3) equipment, facilities, structures, and improvements that are necessary or desirable to make the airport projects suitable for use and operations;

(4) architectural, engineering, consultant, and attorney fees;

(5) incidental expenses in connection with the issuance and sale of bonds;

(6) reserves for principal and interest;

(7) interest during construction and for a period thereafter determined by the board, but in no event to exceed five (5) years;

(8) financial advisory fees;

(9) insurance during construction;

(10) municipal bond insurance, debt service reserve insurance, letters of credit, or other credit enhancement; and

(11) in the case of refunding or refinancing, payment of the principal of, redemption premiums, if any, and interest on, the bonds being refunded or refinanced.

As added by P.L.108-1993, SEC.11.
Ind. Code § 8-1-2-39 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-39
Filing schedule of rates and charges; rules and regulations to accompany
Status: in_force

Sec. 39. Every public utility shall file, with and as a part of such schedule, all rules and regulations that in any manner affect the rates charged or to be charged for any service.

Formerly: Acts 1913, c.76, s.42.
Ind. Code § 8-10-1-8 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-8
Relocation, reconstruction, or removal of roads, railroads, or public utility facilities; damages
Status: in_force

Sec. 8. If the ports of Indiana shall find it necessary to change the location of any portion of any public road, highway, railroad, or public utility facility, the ports of Indiana shall cause the same to be reconstructed at such location as the division of government having jurisdiction over such road, highway, railroad or public utility facility shall deem most favorable and of substantially the same type and in as good condition as the original road, highway, or railroad or public utility facility. The cost of such reconstruction, relocation, or removal and any damage incurred in changing the location of any such road, highway, railroad, or public utility facility, shall be ascertained and paid by the ports of Indiana as a part of the cost of the port or project. The ports of Indiana shall have authority to petition the circuit court, superior court, or probate court of the county wherein is situated any public road or part thereof, affected by the location therein of any port or project, for the vacation or relocation of such road or any part thereof with the same force and effect as statutes in effect on March 2, 1961, to the inhabitants of any municipality or governmental subdivision of the state. The proceedings upon such petition, whether it be for the appointment of appraisers or otherwise, shall be the same as provided by statutes in effect on March 2, 1961, for similar proceedings upon such petitions. In addition to the foregoing powers, the ports of Indiana and the authorized agents and employees of the ports of Indiana after proper notice, may enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings, drillings, and examinations as are necessary or proper for the purposes of this article, and such entry shall not be deemed a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may be then pending; provided, that before entering upon the premises of any railroad, notice shall be given to the superintendent of such railroad involved at least five (5) days in advance of such entry, and provided, that no survey, sounding, drilling, and examination shall be made between the rails, or so close to a railroad track, as would render said track unusable. The ports of Indiana shall make reimbursement for any actual damage resulting to such lands, waters, and premises and to private property located in, on, along, over, or under such lands, waters and premises, as a result of such activities. The state of Indiana, subject to the approval of the governor, hereby consents to the use of lands owned by the state of Indiana, including lands lying under water and riparian rights, which are necessary or proper for the construction or operation of any port or project, provided adequate compensation is made for such use. The ports of Indiana shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation, and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles, and other equipment and appliances (referred to in this section as "public utility facilities") of any public utility in, on, along, over, or under any port or project. Whenever the ports of Indiana shall determine that it is necessary that any such public utility facilities which are, on or after March 2, 1961, located in, on, along, over, or under any port or project should be relocated or should be removed from the port or project, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the ports of Indiana. However, the cost and expenses of such relocation or removal, including the cost of installing such facilities in a new location or new locations, and the cost of any lands, or any rights or interests in lands, and any other rights, acquired to accomplish such relocation or removal, shall be ascertained and paid by the ports of Indiana as a part of the cost of the port or project, excepting, however, cases in which such equipment or facilities are located within the limits of highways or public thoroughfares being constructed, reconstructed, or improved under the provisions of this chapter. In case of any such relocation or removal of facilities, the public utility owning or operating the same, its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as the public utility had the right to maintain and operate such facilities in their former location or locations subject, however, to the state's right of regulation under its police powers.

Formerly: Acts 1961, c.11, s.8. As amended by P.L.66-1984, SEC.3; P.L.224-2003, SEC.208 and P.L.271-2003, SEC.8; P.L.98-2008, SEC.18; P.L.84-2016, SEC.50.
Ind. Code § 8-8-8-2 — Indiana Code / Title 8 / Article 8 / Chapter 8 / Section 8-8-8-2
Repealed
Status: repealed

Formerly: Acts 1955, c.141, s.2. Repealed by Acts 1978, P.L.2, SEC.867.
Ind. Code § 8-1-13-14 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-14
Obligations; covenants or agreements
Status: in_force

Sec. 14. In connection with the issuance of any obligations, a corporation may make such covenants or agreements and do any and all such acts and things as may be necessary or 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 1935, c.175, s.14. As amended by P.L.136-2018, SEC.68.
Ind. Code § 8-1-11.1-13 — Indiana Code / Title 8 / Article 1 / Chapter 11.1 / Section 8-1-11.1-13
Separate books of account for separate utilities
Status: in_force

Sec. 13. In event more than one (1) utility property is operated by said board of directors, separate books of account and records shall be kept for each utility, and the funds of each shall be kept segregated.

[Pre-Local Government Recodification Citation: 19-3-24-13.]

As added by Acts 1981, P.L.11, SEC.43.
Ind. Code § 8-1-32.5-12 — Indiana Code / Title 8 / Article 1 / Chapter 32.5 / Section 8-1-32.5-12
Notice of change
Status: in_force

Sec. 12. In connection with, or as a condition of receiving, a certificate of territorial authority under this chapter, the commission may require a communications service provider to notify the commission, after the issuance of a certificate, of any of the following changes involving the provider or the certificate issued:

(1) Any transaction involving a change in the ownership, operation, control, or corporate organization of the provider, including a merger, acquisition, or reorganization.

(2) A change in the provider's legal name or the adoption of, or change to, an assumed business name. The provider shall submit to the commission a certified copy of the:

(A) amended certificate of authority; or

(B) certificate of assumed business name;

issued by the secretary of state to reflect the change.

(3) A change in the provider's principal business address or in the name of the person authorized to receive notice on behalf of the provider.

(4) Any sale, assignment, lease, or transfer of the certificate to another communications service provider, as allowed by section 10 of this chapter. The provider shall identify the other communications service provider to which the sale, assignment, lease, or transfer is made.

(5) The relinquishment of any certificate issued under this chapter. The provider shall identify:

(A) any other certificate of territorial authority issued under this chapter that will be retained by the provider;

(B) the number of Indiana customers in the service area covered by the certificate being relinquished; and

(C) the method by which the provider's customers were or will be notified of the relinquishment, if required in a rule adopted by the commission under section 11(b) of this chapter.

(6) This subdivision does not apply to a provider of commercial mobile service (as defined in 47 U.S.C. 332). A change in the communications service provided in one (1) or more of the service areas identified in the provider's application under section 6(a)(4) of this chapter. However, if new services will be provided in one (1) or more of the service areas, the commission may require the provider to submit a new application under section 6 of this chapter with respect to those services.

(7) A change in one (1) or more of the service areas identified in the provider's application under section 6(a)(4) of this chapter that would increase or decrease the territory within the service area.

The commission shall prescribe the time in which a provider must report changes under this section. The commission may prescribe a form for the reporting of changes under this section.

As added by P.L.27-2006, SEC.55. Amended by P.L.1-2007, SEC.76.
Ind. Code § 8-1-31.6-14 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-14
Adjustment amount calculation and reconciliation procedures for municipally owned utility
Status: in_force

Sec. 14. An adjustment amount proposed under section 10 of this chapter may be calculated based on a reasonable estimate of equivalent meters in the period in which the charge will be in effect. At the end of each twelve (12) month period following the date on which the commission initially approves an adjustment amount for a municipally owned utility following the utility's most recent general rate case, the municipally owned utility, using procedures approved by the commission, shall reconcile the difference between revenues under the adjustment rider and customer lead service line improvement costs during that period and recover or refund the difference, as appropriate, through additional adjustments to the adjustment rider.

As added by P.L.137-2020, SEC.12.
Ind. Code § 8-2.1-24-3 — Indiana Code / Title 8 / Article 2.1 / Chapter 24 / Section 8-2.1-24-3
Exemptions
Status: in_force

Sec. 3. Except as provided in section 18 of this chapter, this chapter does not apply to the following:

(1) Motor vehicles used exclusively for carrying United States mail.

(2) Motor vehicles while being used or operated under the control, direction, and supervision of:

(A) the United States government, the state, or a political subdivision; or

(B) the board of trustees of a state institution.

(3) Motor vehicles while transporting supplies, livestock feed ingredients, fertilizer, or fertilizing materials that are in transit to or from farms.

(4) Motor vehicles:

(A) controlled and operated by a farmer when used in the transportation of the farmer's agricultural commodities and products of those commodities or in the transportation of supplies to the farm;

(B) controlled and operated by a nonprofit agricultural cooperative association (or by a federation of agricultural cooperative associations if the federation does not possess greater powers or purposes than the cooperative associations);

(C) used in carrying property consisting of livestock or agricultural commodities (not including manufactured products) if the motor vehicles are not used in carrying:

(i) other property;

(ii) agricultural commodities; or

(iii) passengers;

for compensation; or

(D) used in carrying livestock feed or feed ingredients, if those products are transported to a site of agricultural productions or to a business enterprise engaged in the sale of agricultural goods to a person engaged in agricultural production.

This chapter shall not be construed to apply to motor vehicles owned, leased, controlled, or operated by a nonprofit cooperative association, either incorporated or unincorporated, that was in existence on July 6, 1961.

(5) Motor vehicles, commonly known as armored cars, used exclusively to transport, under written bilateral contract, coin, currency, bullion, securities, precious metals, jewelry, precious stones, money, legal tender, stocks and bonds, negotiable and nonnegotiable instruments and securities, postage and revenue stamps, and other valuable documents and rare objects.

(6) Motor vehicles operating exclusively in intrastate commerce that have a gross vehicle weight, gross vehicle weight rating, gross combination weight, or gross combination weight rating equal to or less than twenty-six thousand (26,000) pounds. However, the motor vehicle may not be:

(A) used to provide for-hire transport;

(B) designed or used to transport sixteen (16) or more passengers, including the driver; or

(C) used to transport hazardous material in amounts requiring a placard.

As added by P.L.110-1995, SEC.29. Amended by P.L.42-2007, SEC.12; P.L.9-2010, SEC.2.
Ind. Code § 8-15.5-5-6.1 — Indiana Code / Title 8 / Article 15.5 / Chapter 5 / Section 8-15.5-5-6.1
Public-private agreements; actions to facilitate completion
Status: in_force

Sec. 6.1. (a) If a public-private agreement is terminated or the authority exercises its right or remedies under the public-private agreement with respect to the project before the completion of the construction, reconstruction, improvement, extension, or expansion of the project as specified by the public-private agreement, the authority, subject to subsection (b), may take any or all of the following actions in order to facilitate completion of the project:

(1) Employ or contract with contractors, subcontractors, suppliers, architects, engineers, and such other advisers, consultants, and agents as may be necessary in its judgment to complete the project, and to fix their compensation.

(2) Contract with or enter into a public-private agreement with a new operator, and to fix its compensation.

(3) Assume and assign any contracts, subcontracts, and supply agreements.

(4) Enter into one (1) or more agreements with the department to manage the completion of the project, in which case the department may employ or contract with contractors, subcontractors, suppliers, architects, engineers, and such other advisers, consultants, and agents as may be necessary in its judgment to complete the project, and to fix their compensation.

(5) Issue bonds and refunding bonds under IC 5-1.2 or IC 8-14.5-6 to provide funding for the completion of the project, to provide funding for any losses or additional costs incurred by the authority under the public-private agreement, or to refund any bonds previously issued by the authority.

(6) Such other actions as the authority considers reasonable and appropriate in order to complete the project.

(b) Any actions taken by the authority under subsection (a)(2) or (a)(5) must be submitted to the budget committee for review. The budget committee shall hold a meeting and conduct a review of the actions taken by the authority under this section not later than thirty (30) days after the date the authority submits its actions for review.

(c) Unless otherwise provided by federal law, neither the authority, the department, nor any operator, contractor, or subcontractor engaged in completion of the project under this section is required to comply with IC 4-13.6 or IC 5-16 concerning state public works, IC 5-17 concerning purchases of materials and supplies, or any other statutes concerning procedures for procurement of public works or personal property as a condition of being awarded and performing work on the project.

As added by P.L.218-2017, SEC.75. Amended by P.L.189-2018, SEC.92.
Ind. Code § 8-9.5-9-7 — Indiana Code / Title 8 / Article 9.5 / Chapter 9 / Section 8-9.5-9-7
Credit enhancement and liquidity agreements
Status: in_force

Sec. 7. With regard to entering into any swap agreement, the authority may enter into credit enhancement or liquidity agreements with payment, security, default, remedy, and other terms and conditions as determined by the authority.

As added by P.L.55-1994, SEC.1.
Ind. Code § 8-21-12-18 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-18
Officers and employees; bonds; surety
Status: in_force

Sec. 18. The authority may require a bond from any of the officers or employees of the authority in an amount, upon terms and conditions, and with surety that the authority designates.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-1-22.6-11 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-11
Use of guidelines in negotiations with state agencies; statement of agreement to use guidelines
Status: in_force

Sec. 11. The division shall encourage pipeline companies to use the guidelines as a starting point for any negotiations with the various state agencies identified in the guidelines. The division may require a pipeline company proposing to construct a pipeline or a segment of a pipeline to sign a statement indicating whether or not the pipeline company agrees to use the guidelines for the project.

As added by P.L.110-2007, SEC.1.
Ind. Code § 8-1-46.1-21 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-21
FOG control and maintenance program
Status: in_force

Sec. 21. A regulating authority shall maintain a FOG control and maintenance program.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-14-11-1 — Indiana Code / Title 8 / Article 14 / Chapter 11 / Section 8-14-11-1
"Board" defined
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. 1. As used in this chapter, "board" refers to the local bridge grant board established by section 9 of this chapter.

As added by P.L.117-1989, SEC.1.