Ind. Code § 8-1-2-102 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-102
Political influence or activities; free or reduced rates or charges for products or services; violations; offense
Status: in_force

Sec. 102. (a) The definitions set forth in IC 3-5-2.1 apply to this section.

(b) No public utility, or any agent or officer thereof, or any agent or officer of a political subdivision constituting a public utility, as defined in this chapter, may offer or give, for any purpose, to any political committee or any member or employee thereof, candidate for, or incumbent of, any office or position under the constitution or laws of Indiana, or under any political subdivision or to any person, at the request, or for the advantage of, any of them, any frank, privilege, or property withheld from any person for any product or service produced, transmitted, delivered, furnished, or rendered, or to be produced, transmitted, delivered, furnished, or rendered by any public utility or any free product or service.

(c) No political committee, or member or employee thereof, or candidate for or incumbent of any office or position under the constitution or laws of Indiana or under any political subdivision may ask for or accept from any public utility, or any agent or officer thereof, or any agent or officer of any political subdivision constituting a public utility, as defined in this chapter, or use, in any matter or for any purpose, any frank or privilege withheld from any person for any product or service produced, transmitted, delivered, furnished, or rendered, or to be produced, transmitted, delivered, furnished, or rendered by any public utility.

(d) A person who knowingly violates this section commits a Level 6 felony.

(e) This chapter does not:

(1) prevent any public utility, carrier, or agent or officer thereof, from furnishing free or reduced service or transportation to any bona fide employee or officer thereof;

(2) prohibit any carrier from carrying free, or at reduced rates, agricultural experiment and demonstration cars or trains and the lecturers and necessary demonstrators accompanying such trains or cars; or

(3) prohibit any carrier from carrying free, or at reduced rates, its furloughed, pensioned, or superannuated employees, persons who have become disabled or infirm in its service, the remains of any person killed in its service, or the unremarried surviving spouses and dependent children under eighteen (18) years of age of persons who died in its service.

Formerly: Acts 1913, c.76, s.111; Acts 1915, c.95, s.1; Acts 1973, P.L.63, SEC.1; Acts 1975, P.L.76, SEC.1. As amended by Acts 1978, P.L.2, SEC.802; P.L.3-1997, SEC.424; P.L.158-2013, SEC.131; P.L.186-2025, SEC.78.
Ind. Code § 8-16-1-22 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-22
Jurisdiction of authority
Status: in_force

Sec. 22. The authority shall have no authority or jurisdiction over any bridge not constructed or acquired by it.

Formerly: Acts 1939, c.79, s.14. As amended by P.L.109-1983, SEC.49.
Ind. Code § 8-1-26-1.3 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-1.3
"Account"
Status: in_force

Sec. 1.3. As used in this chapter, "account" refers to the underground plant protection account established by section 24 of this chapter.

As added by P.L.62-2009, SEC.3.
Ind. Code § 8-2.1-19.3-2 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.3 / Section 8-2.1-19.3-2
DNC driver is independent contractor; DNC does not control
Status: in_force

Sec. 2. Except as otherwise provided in a written contract:

(1) a DNC driver who connects to a DNC's digital network:

(A) is an independent contractor of the DNC; and

(B) is, for all purposes with respect to the DNC driver's relationship with the DNC, not an employee or agent; and

(2) a DNC is not considered to do either of the following:

(A) Control, direct, or manage a DNC driver who connects to the DNC's digital network.

(B) Own, control, operate, or manage a personal vehicle used by a DNC driver to provide delivery services.

As added by P.L.215-2023, SEC.10.
Ind. Code § 8-21-9-11 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-11
Repealed
Status: repealed

Formerly: Acts 1971, P.L.105, SEC.2. Repealed by Acts 1980, P.L.74, SEC.434.
Ind. Code § 8-23-17-29 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-29
Effect of chapter
Status: in_force

Sec. 29. (a) Section 25 of this chapter does not create a legal right or liability and does not affect the validity of property acquisitions by purchase or condemnation.

(b) This chapter does not create an element of value or damages not in existence before April 16, 1971, in any proceedings brought under the power of eminent domain.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-1-1.1-2 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-2
Creation; administration
Status: in_force

Sec. 2. There is created the office of utility consumer counselor. The office shall be administered by the consumer counselor appointed under section 3 of this chapter.

As added by Acts 1981, P.L.104, SEC.3.
Ind. Code § 8-15.5-6-1 — Indiana Code / Title 8 / Article 15.5 / Chapter 6 / Section 8-15.5-6-1
Standards for plans and specifications
Status: in_force

Sec. 1. The plans and specifications for each project constructed under this article must comply with:

(1) the authority's standards for other projects of a similar nature, except as otherwise provided in the public-private agreement; and

(2) any other applicable state or federal standards.

As added by P.L.47-2006, SEC.39. Amended by P.L.205-2013, SEC.156.
Ind. Code § 8-23-1.1-20 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-20
"Executive"
Status: in_force

Sec. 20. "Executive" has the meaning set forth in IC 36-1-2-5. However, for a consolidated city, the term means the city-county council.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-4-29-2 — Indiana Code / Title 8 / Article 4 / Chapter 29 / Section 8-4-29-2
Action against carrier
Status: in_force

Sec. 2. If a carrier does not comply with an order for the payment of money within the time limit in an order, the complainant (or a person for whose benefit the order was made) may file, in the circuit or superior court of a county into or through which the road of the carrier runs, a complaint setting forth briefly the causes for which the complainant claims damages and the order of the Indiana department of transportation in the premises. Such suit shall proceed in all respects like other civil suits for damages, except that, on the trial of the suit, the findings and order of the department shall be prima facie evidence of the facts therein stated, and the complainant, if the complainant prevails, shall be allowed a reasonable attorney's fee, collected as a part of the cost of the suit. No proof of the findings and order of the department shall be required unless the allegations in the complaint concerning the same are specially denied by a pleading under oath.

Formerly: Acts 1913, c.273, s.2. As amended by P.L.384-1987(ss), SEC.51; P.L.18-1990, SEC.59.
Ind. Code § 8-25-2-12 — Indiana Code / Title 8 / Article 25 / Chapter 2 / Section 8-25-2-12
Conduct of political subdivisions, public officials, and public employees during an election on a public question
Status: in_force

Sec. 12. (a) Except as otherwise provided in this section, during the period beginning with the date on which an ordinance is adopted under this chapter to place a local public question on the ballot and continuing through the day on which the public question is submitted to the voters under this chapter, a political subdivision may not promote a position on the local public question by doing any of the following:

(1) Using facilities or equipment, including mail and messaging systems, owned by the political subdivision to promote a position on the local public question, unless equal access to the facilities or equipment is given to persons with a position opposite to that of the political subdivision.

(2) Making an expenditure of money from a fund controlled by the political subdivision to promote a position on the local public question.

(3) Using an employee to promote a position on the local public question during the employee's normal working hours or paid overtime, or otherwise compelling an employee to promote a position on the local public question at any time. However, if a person described in subsection (b) is advocating for or against a position on the local public question or discussing the local public question as authorized under subsection (b), an employee of the political subdivision may assist the person in presenting information on the public question if requested to do so by the person described in subsection (b).

However, this section does not prohibit an official or employee of the political subdivision from carrying out duties with respect to a local public question that are part of the normal and regular conduct of the official's or employee's office or agency, including the furnishing of factual information regarding the local public question in response to inquiries from any person.

(b) Notwithstanding any other law, an elected or appointed official of a political subdivision may:

(1) personally advocate for or against a position on a local public question; or

(2) discuss the public question with any individual, group, or organization or personally advocate for or against a position on a local public question before any individual, group, or organization;

so long as it is not done by using public funds. Advocacy or discussion allowed under this subsection is not considered a use of public funds.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-34-13 — Indiana Code / Title 8 / Article 1 / Chapter 34 / Section 8-1-34-13
"Video programming"
Status: in_force

Sec. 13. As used in this chapter, "video programming" has the meaning set forth in 47 U.S.C. 522(20).

As added by P.L.27-2006, SEC.58.
Ind. Code § 8-1-7.9-17 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-17
Expedited review of EGR plans and large load customer projects; approval under other statutes not precluded
Status: in_force

Sec. 17. (a) The commission may expedite, in accordance with this chapter, the review of filings and submittals made by an energy utility to meet the energy infrastructure and generation resource needs of customers. An energy utility may request an expedited review by the commission under either or both of the following:

(1) Sections 18 through 21 of this chapter (concerning EGR plans).

(2) Sections 22 through 24 of this chapter (concerning large load customer projects).

(b) This chapter does not preclude an energy utility from petitioning the commission under other applicable statutes for approval of a generation resource acquisition to meet the needs of its customers.

(c) This chapter does not preclude an energy utility from petitioning the commission under, or in conjunction with, other applicable statutes, including:

(1) IC 8-1-2-24;

(2) IC 8-1-2-42;

(3) IC 8-1-2.5;

(4) IC 8-1-8.5;

(5) IC 8-1-8.8; or

(6) IC 8-1-39;

for approval of a project to meet the needs of large load customers.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-23-31-2 — Indiana Code / Title 8 / Article 23 / Chapter 31 / Section 8-23-31-2
Impact on local economy and traffic
Status: in_force

Sec. 2. The department shall consider the following when determining when to let a contract involving a department action:

(1) The impact of the scheduled department action on local commerce.

(2) The impact of the scheduled department action on local residents.

(3) The impact of the scheduled department action on local tourism.

As added by P.L.165-2018, SEC.2.
Ind. Code § 8-23-25-1 — Indiana Code / Title 8 / Article 23 / Chapter 25 / Section 8-23-25-1
Purpose
Status: in_force

Sec. 1. The high speed rail development fund is established for the purpose of promoting and developing high speed rail travel in Indiana.

As added by P.L.83-1991, SEC.3.
Ind. Code § 8-20-1-62 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-62
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.71. As amended by P.L.3-1987, SEC.502. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-23-9-31 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-31
Claims against contractors; payment of amount adjudged due
Status: in_force

Sec. 31. If an action is filed and the department notified under section 30 of this chapter, the department shall continue to hold the amount until the final determination of the action. If it is adjudged that the amount or a part is due to the claimant, the department shall pay the amount adjudged due to the claimant to the clerk of the court rendering the judgment.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-21-11-11 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-11
Default on loan repayments; withholding of state funds payable to recipient
Status: reserved

Sec. 11. If a loan recipient fails to make any repayments of a loan, the state comptroller shall withhold the repayment amount from any other money payable by the state to the recipient. The amount withheld shall be transferred to the loan fund to the credit of the recipient.

As added by P.L.34-1990, SEC.2. Amended by P.L.9-2024, SEC.301.
Ind. Code § 8-20-1-7 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-7
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.7. As amended by P.L.353-1983, SEC.8. Repealed by P.L.86-1988, SEC.227.
Ind. Code § 8-23-4-9 — Indiana Code / Title 8 / Article 23 / Chapter 4 / Section 8-23-4-9
Abandonment of rights-of-way; reversion or release; consideration
Status: in_force

Sec. 9. (a) Whenever the department determines that a part of a right-of-way of a highway will not be needed for highway, street, or road purposes, or to reach the premises of a person other than the owner of the original right-of-way, the commissioner may, by executive order, declare that part of the right-of-way to be no longer useful or necessary for a highway purpose.

(b) A part of a right-of-way subject to an order under subsection (a) ceases to be a public highway and reverts to the person lawfully entitled to the reversion.

(c) If the department acquired the right-of-way subject to an order under subsection (a) by purchase, the department shall demand a consideration in money for the release of the right-of-way, and the release becomes final only upon payment of the consideration. A payment under this subsection shall be credited to the account of the department and allocated to the fund out of which the right-of-way was purchased. The amount of consideration must be equal to the fair market value of the right-of-way as determined by appraisers employed by the department.

As added by P.L.18-1990, SEC.213.
Ind. Code § 8-1-22.6-8 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-8
Division to establish nonbinding guidelines; use in simplifying easement negotiations
Status: in_force

Sec. 8. (a) The division shall establish voluntary guidelines to be considered by a pipeline company that proposes to construct a pipeline that will be located, in whole or in part, in Indiana.

(b) Guidelines adopted by the division are not binding on any pipeline company or affected landowner but may be used by a pipeline company or an affected landowner to simplify negotiations involved in establishing a price for any:

(1) easement; or

(2) other interest in land;

needed by the pipeline company to construct a pipeline.

As added by P.L.110-2007, SEC.1.
Ind. Code § 8-23-5-8.7 — Indiana Code / Title 8 / Article 23 / Chapter 5 / Section 8-23-5-8.7
Posting human trafficking awareness posters in rest areas and welcome centers
Status: in_force

Sec. 8.7. (a) The department shall display human trafficking awareness posters in at least two (2) public locations in each safety rest area and welcome center.

(b) The human trafficking awareness posters required under subsection (a) must contain the following information:

(1) A description of human trafficking.

(2) Information about indicators of human trafficking, such as restricted freedom of movement and signs of physical abuse.

(3) Contact information for:

(A) the National Human Trafficking Hotline, including the toll free telephone number and text line; and

(B) a local law enforcement agency.

As added by P.L.228-2025, SEC.1.
Ind. Code § 8-1-17-5 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-5
Articles of incorporation; certificate of territorial authority; commission review; notice to facilities based local exchange carriers; issuance of certificate; request for additional information; filing with secretary of state; status as body corporate
Status: in_force

Sec. 5. (a) The individuals executing the articles of incorporation of a local cooperative corporation shall be residents of the area in which the operations of the cooperative corporation are to be conducted and shall be persons desirous of using communications service to be furnished by the cooperative corporation.

(b) The individuals executing the articles of incorporation of a general cooperative corporation shall be members or prospective members of one (1) or more local cooperative corporations which are prospective members of such general cooperative corporation.

(c) The articles shall be executed in at least six (6) originals and shall be acknowledged by the subscribers before an officer authorized by law to take acknowledgments of deeds. When so acknowledged, three (3) originals of said articles shall be submitted to the commission. At the time the articles of incorporation are filed, an application for a certificate of territorial authority under IC 8-1-32.5 shall be filed with the commission if the applicant will operate as a local cooperative corporation. The application shall be executed by one (1) or more of the individuals executing the articles and shall comply with the requirements of IC 8-1-32.5-6, as applicable.

(d) Upon the receipt of any articles of incorporation and application for a certificate of territorial authority, the commission shall conduct the review required under IC 8-1-32.5-8. If the applicant is a local cooperative corporation and is applying for a certificate of territorial authority to provide local exchange service, the commission shall give written notice, by United States registered mail, of the filing of the application to each facilities based local exchange carrier operating in territory contiguous to the area in which the cooperative corporation proposes to render communications service. The commission shall use the record maintained by the commission under IC 8-1-32.5-13 to determine which facilities based local exchange carriers are entitled to notice under this subsection.

(e) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the applicant meets the requirements for the issuance of a certificate of territorial authority under IC 8-1-32.5-8, the commission shall:

(1) issue a certificate of territorial authority under IC 8-1-32.5; and

(2) enter an order approving the organization of the cooperative corporation and the proposed articles of incorporation.

(f) If the commission, after conducting the review required by IC 8-1-32.5-8 and any hearing allowed under IC 8-1-32.5-9, determines that the applicant does not meet the requirements for the issuance of a certificate of territorial authority under IC 8-1-32.5-8, the commission shall:

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

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

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

(B) file another application at a later date, without prejudice;

under IC 8-1-32.5-8.

(g) If the commission approves the articles of incorporation under subsection (e), the cooperative corporation shall submit the following documents, along with two (2) copies of each, to the secretary of state for filing:

(1) One (1) of the original articles of incorporation executed by the corporation under subsection (c).

(2) A certified copy of the order of the commission under subsection (e)(2).

(3) A certified copy of the certificate of territorial authority issued by the commission under subsection (e)(1).

If the secretary of state determines that the documents described in subdivisions (1) through (3) comply with law, the secretary of state shall endorse the documents and file one (1) set of the documents in the secretary of state's office and deliver the other two (2) sets, endorsed with the secretary of state's approval, to the incorporators. The incorporators shall record one (1) of the approved original or certified copies of the documents in the office of the recorder of the county in which the cooperative corporation has, or will have, its principal office.

(h) As soon as the provisions of this section have been complied with, the proposed cooperative corporation, described in the articles of incorporation recorded under subsection (g), under its designated name, is a body corporate.

Formerly: Acts 1951, c.193, s.5. As amended by P.L.97-1993, SEC.2; P.L.27-2006, SEC.42; P.L.81-2020, SEC.8.
Ind. Code § 8-1-32.4-2 — Indiana Code / Title 8 / Article 1 / Chapter 32.4 / Section 8-1-32.4-2
"Approved alternative technology"
Status: in_force

Sec. 2. As used in this chapter, "approved alternative technology" refers to any technology that:

(1) offers service and functionality comparable to that provided through an exiting provider's facilities, as determined by the commission;

(2) may include a technology that does not require the use of any public right-of-way; and

(3) is approved by the commission for deployment in a particular service area.

As added by P.L.27-2006, SEC.54.
Ind. Code § 8-1-31.6-10 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-10
Petition by municipally owned utility for rate adjustment
Status: in_force

Sec. 10. (a) Except as provided in subsection (d), a municipally owned utility may file with the commission a petition setting forth rate schedules establishing an amount that will allow the adjustment of the utility's basic rates and charges to provide for recovery of customer lead service line improvement costs. The adjustment shall be calculated as a monthly fixed charge based upon meter size.

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

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

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

As added by P.L.137-2020, SEC.8.
Ind. Code § 8-2.1-22-31 — Indiana Code / Title 8 / Article 2.1 / Chapter 22 / Section 8-2.1-22-31
Broker's license; duration; fee; suspension or revocation
Status: in_force

Sec. 31. The department may suspend or revoke the license of any broker for any violation of this chapter or any rule issued under this chapter by the department. The fee for a broker's license is one hundred dollars ($100), which shall be paid at the time the application is made and shall be disposed of in the manner as other fees which are collected by the department. Any license so issued to any broker remains valid until surrendered or revoked.

As added by P.L.99-1989, SEC.13. Amended by P.L.136-2018, SEC.81.
Ind. Code § 8-1-13-18 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-18
Rates and charges; jurisdiction and powers of commission
Status: in_force

Sec. 18. A corporation is subject to the jurisdiction of the commission for the purpose of fixing rates to be charged to members of the corporation for energy, and for the purpose of service area assignments under IC 8-1-2.3.

Formerly: Acts 1935, c.175, s.18; Acts 1937, c.258, s.10; Acts 1939, c.105, s.3; Acts 1951, c.162, s.2. As amended by Acts 1980, P.L.69, SEC.4; P.L.121-1987, SEC.3; P.L.23-1988, SEC.51.
Ind. Code § 8-1-42-6 — Indiana Code / Title 8 / Article 1 / Chapter 42 / Section 8-1-42-6
"Permit authority"
Status: in_force

Sec. 6. (a) As used in this chapter, "permit authority" means:

(1) a unit; or

(2) a board, a commission, or any other governing body of a unit;

that makes legislative or administrative decisions concerning the permitting, construction, installation, siting, modification, operation, or decommissioning of CSE systems in the unit.

(b) The term does not include:

(1) the state or any of its agencies, departments, boards, commissions, authorities, or instrumentalities; or

(2) a court or other judicial body that reviews decisions or rulings made by a permit authority.

As added by P.L.90-2022, SEC.2.
Ind. Code § 8-20-1-1 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-1
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.1; Acts 1907, c.232, s.1. As amended by P.L.353-1983, SEC.2; P.L.86-1988, SEC.167. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-2.1-19.1-9 — Indiana Code / Title 8 / Article 2.1 / Chapter 19.1 / Section 8-2.1-19.1-9
Disclosures concerning motor vehicle insurance coverage
Status: in_force

Sec. 9. A TNC shall, before the TNC allows a TNC driver to accept a request for a prearranged ride on the TNC's digital network, disclose in writing to the TNC driver all the following:

(1) The motor vehicle insurance coverage, including the types of coverage and limits of liability for each type of coverage, that the TNC provides while the TNC driver uses a personal vehicle in connection with a TNC's digital network.

(2) That the terms of the TNC driver's own motor vehicle insurance policy may not provide coverage while the TNC driver is:

(A) logged on to the TNC's digital network; or

(B) engaged in a prearranged ride.

As added by P.L.175-2015, SEC.10.
Ind. Code § 8-4.5-6-1 — Indiana Code / Title 8 / Article 4.5 / Chapter 6 / Section 8-4.5-6-1
Authorization
Status: in_force

Sec. 1. (a) Subject to this chapter, a corridor may be used for a recreational trail.

(b) A recreational trail may not be authorized under this chapter to be used by motorized vehicles except for the following:

(1) Vehicles used to maintain or provide security for the trail.

(2) Vehicles used by persons with disabilities.

(c) A recreational trail may be authorized under this chapter on any part of a corridor that has rail traffic with the consent of the rail traffic operator and owner after consideration of appropriate and safe design and operation.

As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999, SEC.15.
Ind. Code § 8-14-10-7 — Indiana Code / Title 8 / Article 14 / Chapter 10 / Section 8-14-10-7
Reversion to state general fund
Status: in_force

Sec. 7. Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.68-1988, SEC.11.
Ind. Code § 8-1-2.5-5 — Indiana Code / Title 8 / Article 1 / Chapter 2.5 / Section 8-1-2.5-5
Commission's order declining jurisdiction
Status: in_force

Sec. 5. (a) Notwithstanding any other law or rule adopted by the commission, except those cited, or rules adopted that pertain to those cited, in section 11 of this chapter, on the request of an energy utility electing to become subject to this section, the commission may enter an order, after notice and hearing, that the public interest requires the commission to commence an orderly process to decline to exercise, in whole or in part, its jurisdiction over either the energy utility or the retail energy service of the energy utility, or both.

(b) In determining whether the public interest will be served, the commission shall consider the following:

(1) Whether technological or operating conditions, competitive forces, or the extent of regulation by other state or federal regulatory bodies render the exercise, in whole or in part, of jurisdiction by the commission unnecessary or wasteful.

(2) Whether the commission's declining to exercise, in whole or in part, its jurisdiction will be beneficial for the energy utility, the energy utility's customers, or the state.

(3) Whether the commission's declining to exercise, in whole or in part, its jurisdiction will promote energy utility efficiency.

(4) Whether the exercise of commission jurisdiction inhibits an energy utility from competing with other providers of functionally similar energy services or equipment.

As added by P.L.108-1995, SEC.3.
Ind. Code § 8-10-5-7 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-7
Jurisdictional area
Status: in_force

Sec. 7. The area of jurisdiction of a port authority shall include:

(1) all of the territory of the political subdivision or subdivisions creating it; and

(2) a facility that is owned or operated by the port authority, whether or not the facility is within the boundaries of the political subdivision or subdivisions that created the port authority;

however, the same area may not be included in the jurisdiction of more than one (1) port authority.

Formerly: Acts 1959, c.343, s.7. As amended by P.L.103-1993, SEC.2.
Ind. Code § 8-1-39-2 — Indiana Code / Title 8 / Article 1 / Chapter 39 / Section 8-1-39-2
"Eligible transmission, distribution, and storage system improvements"
Status: in_force

Sec. 2. (a) As used in this chapter, "eligible transmission, distribution, and storage system improvements" means new or replacement electric or gas transmission, distribution, or storage utility projects that:

(1) a public utility undertakes for purposes of safety, reliability, system modernization, or economic development, including the extension of gas service to rural areas;

(2) were not included in the public utility's rate base in its most recent general rate case; and

(3) either were:

(A) described in the public utility's TDSIC plan and approved by the commission under section 10 of this chapter and authorized for TDSIC treatment;

(B) described in the public utility's update to the public utility's TDSIC plan under section 9 of this chapter and authorized for TDSIC treatment by the commission; or

(C) approved as a targeted economic development project under section 11 of this chapter.

(b) The term includes:

(1) projects that do not include specific locations or an exact number of inspections, repairs, or replacements, including inspection based projects such as pole or pipe inspection projects, and pole or pipe replacement projects; and

(2) projects involving advanced technology investments to support the modernization of a transmission, distribution, or storage system, such as advanced metering infrastructure, advanced transmission technologies, information technology systems, or distributed energy resource management systems

As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.1; P.L.10-2025, SEC.4.
Ind. Code § 8-1-32.3-12 — Indiana Code / Title 8 / Article 1 / Chapter 32.3 / Section 8-1-32.3-12
"Utility pole"
Status: in_force

Sec. 12. As used in this chapter, "utility pole" means a structure that is:

(1) owned or operated by:

(A) a public utility;

(B) a communications service provider;

(C) a municipality;

(D) an electric membership corporation; or

(E) a rural electric cooperative; and

(2) designed or used to:

(A) carry lines, cables, or wires for telephony, cable television, or electricity;

(B) provide lighting;

(C) provide traffic control; or

(D) provide signage.

The term does not include a wireless support structure or an electrical transmission tower.

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.4.
Ind. Code § 8-1-1-12 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-12
Repealed
Status: repealed

Formerly: Acts 1941, c.101, s.12. As amended by P.L.59-1984, SEC.6; P.L.23-1988, SEC.17. Repealed by P.L.99-1989, SEC.37 and P.L.3-1989, SEC.44.
Ind. Code § 8-21-12-10 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-10
"Person"
Status: in_force

Sec. 10. As used in this chapter, "person" means:

(1) an individual, partnership, firm, company, limited liability company, corporation, association, trust, or estate; or

(2) the legal representative or agent of the individual or entity described in subdivision (1).

As added by P.L.28-1991, SEC.2. Amended by P.L.8-1993, SEC.151.
Ind. Code § 8-1-2-61.5 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-61.5
Rate orders; formal public hearing; proposed regulatory procedures for small water or sewer utilities; commission findings
Status: in_force

Sec. 61.5. (a) An order affecting rates of service may be entered by the commission without a formal public hearing in the case of any public or municipally owned utility that:

(1) either:

(A) serves less than eight thousand (8,000) customers; or

(B) has initiated a rate case on behalf of a single division of the utility and that division:

(i) serves less than five thousand (5,000) customers;

(ii) has a commission-approved schedule of rates and charges that is separate and independent from that of any other division of the utility; and

(iii) itself satisfies subdivisions (2) and (3);

(2) primarily provides retail service to customers; and

(3) does not serve extensively another utility.

(b) The commission may require a formal public hearing on any petition or complaint filed under this section concerning a rate change request by a utility upon the commission's own motion or upon motion of any of the following:

(1) The utility consumer counselor.

(2) A public or municipal corporation.

(3) Ten (10) individuals, firms, limited liability companies, corporations, or associations.

(4) Ten (10) complainants of any class described in this subsection.

(c) A not-for-profit water utility or a not-for-profit sewer utility must include in its petition a statement as to whether it has an outstanding indebtedness to the federal government. When an indebtedness is shown to exist, the commission shall require a formal hearing, unless the utility also has included in its filing written consent from the agency of the federal government with which the utility has outstanding indebtedness for the utility to obtain an order affecting its rates from the commission without a formal hearing.

(d) Notwithstanding any other provision of this chapter, the commission may:

(1) on the commission's own motion; or

(2) at the request of:

(A) the utility consumer counselor;

(B) a water or sewer utility described in subsection (a);

(C) ten (10) individuals, firms, limited liability companies, corporations, or associations; or

(D) ten (10) complainants of any class described in this subsection;

adopt a rule under IC 4-22-2, or issue an order in a specific proceeding, providing for the development, investigation, testing, and use of regulatory procedures or generic standards with respect to water or sewer utilities described in subsection (a) or their services.

(e) The commission may adopt a rule or enter an order under subsection (d) only if it finds, after notice and hearing, that the proposed regulatory procedures or standards are in the public interest and promote at least one (1) of the following:

(1) Utility cost minimalization to the extent that a utility's quality of service or facilities are not diminished.

(2) A more accurate evaluation by the commission of a utility's physical or financial conditions or needs.

(3) A less costly regulatory procedure for a utility, its consumers, or the commission.

(4) Increased utility management efficiency that is beneficial to consumers.

(5) Economic development opportunities in rural areas (as defined in section 89(a)(3) of this chapter) while providing just and reasonable protections to a utility's existing ratepayers.

As added by P.L.88-1985, SEC.5. Amended by P.L.116-1987, SEC.1; P.L.107-1989, SEC.1; P.L.8-1993, SEC.110; P.L.159-1999, SEC.1; P.L.226-2001, SEC.1; P.L.229-2019, SEC.1; P.L.127-2026, SEC.1.
Ind. Code § 8-16-15.5-5 — Indiana Code / Title 8 / Article 16 / Chapter 15.5 / Section 8-16-15.5-5
Organizational meeting
Status: in_force

Sec. 5. (a) The bridge authority shall hold an organizational meeting within thirty (30) days after the initial appointment of the members and every January of each subsequent year. During each organizational meeting, the bridge authority must elect the following officers from existing bridge authority membership:

(1) A chair.

(2) A vice chair.

(3) A secretary treasurer.

(b) The bridge authority may adopt rules under IC 4-22-2 in order to implement this section.

As added by P.L.185-2018, SEC.27.
Ind. Code § 8-1-30.8-9 — Indiana Code / Title 8 / Article 1 / Chapter 30.8 / Section 8-1-30.8-9
Repealed
Status: repealed

As added by P.L.15-2019, SEC.7. Repealed by P.L.224-2023, SEC.4.
Ind. Code § 8-1-2.7-1.6 — Indiana Code / Title 8 / Article 1 / Chapter 2.7 / Section 8-1-2.7-1.6
"Sewage treatment provider" defined
Status: in_force

Sec. 1.6. (a) As used in this chapter, "sewage treatment provider" means a legal entity that provides only sewage treatment service to a not-for-profit sewage disposal company.

(b) As used in this chapter, "sewage treatment recipient" means a not-for-profit sewage disposal company that receives sewage treatment service from another legal entity.

As added by P.L.159-1999, SEC.4.
Ind. Code § 8-21-9-23 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-23
Issuance of revenue bonds
Status: repealed

Sec. 23. (a) The department may, subject to IC 8-9.5-5-8(6) (repealed), provide for the issuance of airport revenue bonds of the state for the purpose of paying all or any part of the cost of an airport facility or airport facilities. The principal of and the interest on the bonds shall be payable solely from the revenues specifically pledged to the payment as authorized by section 27 of this chapter.

(b) The bonds of each issue shall be dated, shall bear interest at such rate or rates, and shall mature at such time or times not exceeding fifty (50) years from the date thereof, all as may be determined by the department, and may be made redeemable before maturity, at the option of the department, at a price or prices and under terms and conditions as may be fixed by the commissioner in an executive order providing for the issue.

(c) The department shall determine the form of the bonds, including attached interest coupons, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest which may be at any bank or trust company within or without the state. The bonds shall be signed in the name of the department by the commissioner and the official seal of the department shall be affixed thereto. Any coupons attached thereto shall bear the facsimile signature of the commissioner of the department. If the commissioner whose signature or facsimile of whose signature shall appear on any bonds or coupons shall cease to be the commissioner before the delivery of such bonds, such signature or such facsimile shall, nevertheless, be valid and sufficient for all purposes as if the commissioner had remained in office until delivery.

(d) All bonds issued under this chapter have all the qualities and incidents of negotiable instruments under the law of Indiana.

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

(f) The bonds shall be sold at public sale in accordance with the provisions of IC 21-32-3.

(g) The department may issue bonds in connection with a self-liquidating airport facility or airport facilities without regard to maximum interest rate limitation in this chapter or any other law and sell the bonds either at public or private sale as the department may determine. The provisions of IC 21-32-3 shall not be applicable to such sale.

(h) "Self-liquidating airport facility or airport facilities" means an airport facility or airport facilities for which a lease or leases have been executed providing for payment of rental in an amount at least sufficient to pay the interest and principal of the bonds to be issued to finance the cost of the airport facility or airport facilities and providing for the payment of the lessee or lessees of all costs of maintenance, repair, and insurance of the airport facility or airport facilities.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.354; P.L.18-1990, SEC.159; P.L.2-2007, SEC.137; P.L.1-2009, SEC.73.
Ind. Code § 8-18-22-7 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-7
Trust indentures
Status: in_force

Sec. 7. (a) The bonds may be secured by a trust indenture between the county and a bank having the power of a trust company or any trust company.

(b) The trust indenture may provide for:

(1) protecting and enforcing the rights and remedies of the bondholders as are reasonable and proper and not in violation of law;

(2) covenants setting forth the duties of the county fiscal body in relation to the exercise of its powers and the custody, safekeeping, and application of money related to the bond financing for which the trust indenture exists;

(3) the payment of the proceeds of the bonds and the revenue of the trustee under the trust indenture; and

(4) the method of disbursement of the proceeds of the bonds and the revenue to the trustee, with safeguards and restrictions as the county fiscal body may determine.

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-22-3-24 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-24
Assessment and collection of tax levy; transfer to authority's cumulative building fund
Status: in_force

Sec. 24. The tax levy under section 23 of this chapter, as finally approved by the department of local government finance, must be assessed and collected by the county treasurer of the county or counties within which the district is located as other taxes are levied and collected. The county treasurer shall remit all taxes so collected to the treasurer of the authority. Each year, the board may transfer to the authority's cumulative building fund an amount not to exceed five percent (5%) of the taxes received under this section in that year.

[Pre-Local Government Recodification Citations: 19-6-2-26; 19-6-3-27; 19-6-3.5-28.]

As added by Acts 1980, P.L.8, SEC.73. Amended by P.L.90-2002, SEC.331; P.L.257-2013, SEC.34.
Ind. Code § 8-25-6-15 — Indiana Code / Title 8 / Article 25 / Chapter 6 / Section 8-25-6-15
Minimum fare box requirements apply
Status: in_force

Sec. 15. IC 36-9-2-2(b) and IC 36-9-2-2(c) apply to a public transportation project authorized under this chapter in a township.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-17-7-4 — Indiana Code / Title 8 / Article 17 / Chapter 7 / Section 8-17-7-4
Purpose of program; contracts
Status: in_force

Sec. 4. (a) There is established a research and highway extension program for the local highway system to provide information concerning local highway system planning, design, construction, operation, maintenance, financing, and administration.

(b) The department shall contract with an educational institution or a qualified private agency to provide the research and extension program under this chapter. Before executing the contract, the director of highways or the director's designee, must meet with and obtain advice from committees designated by associations representing counties and municipalities. After the contract is awarded the institution or private agency receiving the contract shall meet regularly with the committees to obtain their advice.

Formerly: Acts 1959, c.331, s.4. As amended by Acts 1980, P.L.74, SEC.305; Acts 1981, P.L.41, SEC.59; P.L.86-1988, SEC.133.
Ind. Code § 8-1-26-16 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-16
Notice to excavate or demolish; duty to perform white lining; notice contents and expiration; civil penalties
Status: in_force

Sec. 16. (a) Except as provided in section 19 of this chapter, before commencing an excavation or demolition operation described in section 14 of this chapter, each person responsible for the excavation or demolition shall:

(1) serve notice on the association of the person's intent to excavate or demolish; and

(2) perform white lining at the site of the excavation or demolition if the person responsible for the excavation or demolition is unable to provide to the association the physical location of the proposed excavation or demolition by one (1) of the following means:

(A) A street address.

(B) A legal description of the location.

(C) A highway location using highway mile markers or cross streets.

The notice required under subdivision (1) must be received at least two (2) full working days but not more than ten (10) calendar days before the commencement of the work. Notice is considered received for purposes of this section at the prevailing time the association receives the notice from the person responsible for the excavation or demolition.

(b) Upon receiving a notice under subsection (a), the association immediately shall provide notice of the proposed excavation or demolition to each member operator that has underground facilities located in the proposed area of excavation or demolition.

(c) A person responsible for excavation or demolition may not commence work before 7 a.m. prevailing time on the next working day that follows the elapse of two (2) full working days after the time of receipt of the person's notice under subsection (a). However, a person responsible for excavation or demolition may commence work before 7 a.m. prevailing time on the next working day that follows the elapse of two (2) full working days after the time of receipt of the person's notice under subsection (a) if all affected operators have provided to the association an electronic positive response indicating that the location of all the affected operators' facilities have been marked or that the affected operators have no facilities in the location of the proposed excavation or demolition.

(d) A person responsible for demolition must give an operator a reasonable amount of time, as mutually determined by the operator, the person responsible for demolition, and the project owner, to remove or protect the operator's facilities before demolition of the structure is commenced.

(e) The notice required by subsection (a) must contain the following information:

(1) The name, address, and telephone number of the person serving the notice, and, if different, the person responsible for the excavation or demolition.

(2) The:

(A) starting date and time, if known;

(B) anticipated duration; and

(C) type;

of the excavation or demolition operation to be conducted. The starting date and time of the excavation or demolition may not be later than ten (10) days after the time of receipt of the notice.

(3) The location of the proposed excavation or demolition.

(4) Whether or not explosives or blasting are to be used.

(5) The approximate depth of excavation.

(6) Whether the person responsible for the proposed excavation or demolition intends to perform white lining at the site of the proposed excavation or demolition.

(f) The person responsible for the excavation or demolition shall submit a separate locate request along with the notice provided under subsection (e)(3) to the association as follows:

(1) Within an incorporated area, for each one thousand five hundred (1,500) linear feet of proposed excavation or demolition.

(2) In an unincorporated area, for at least each two thousand six hundred forty (2,640) linear feet of proposed excavation or demolition.

(g) A notice provided under this section by a person responsible for an excavation or demolition expires at 11:59 p.m. prevailing time twenty (20) days after the date the notice is received by the association under subsection (a). If, at the conclusion of the twenty (20) day period described in this subsection, any part of the excavation or demolition is not complete at any part of the site for which the original notice was submitted, the person responsible for the excavation or demolition may not continue or resume the excavation or demolition at any part of the site for which the original notice was submitted until:

(1) the person responsible for the excavation or demolition submits to the association a new locate request, along with a notice that complies with subsection (e), with respect to that part of the site for which the excavation or demolition is not complete; and

(2) each affected operator provides facility locate markings in compliance with section 18 of this chapter for that part of the site for which the new locate request and notice are submitted under subdivision (1).

(h) The association shall maintain an adequate record of each notice required by this section for seven (7) years to document compliance with this chapter. A copy of the record shall be furnished to the person giving notice to excavate or demolish upon written request.

(i) A person that:

(1) causes damage to a pipeline facility located in an area of excavation or demolition;

(2) is required to provide notice under this section for the excavation or demolition; and

(3) fails to provide the notice;

may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed ten thousand dollars ($10,000).

(j) A person that:

(1) causes damage to a pipeline facility located in an area of excavation or demolition;

(2) is required to perform white lining under subsection (a)(2); and

(3) fails to perform white lining before an operator of a pipeline facility arrives at the site of the proposed excavation or demolition to mark the operator's pipeline facilities;

may be subject to a civil penalty in an amount recommended by the advisory committee and approved by the commission, not to exceed ten thousand dollars ($10,000).

As added by P.L.69-1990, SEC.2. Amended by P.L.54-1994, SEC.2; P.L.114-2003, SEC.3; P.L.62-2009, SEC.13; P.L.200-2014, SEC.3; P.L.122-2017, SEC.3; P.L.53-2024, SEC.5.
Ind. Code § 8-1-8.8-1 — Indiana Code / Title 8 / Article 1 / Chapter 8.8 / Section 8-1-8.8-1
Legislative findings and declaration of purpose
Status: in_force

Sec. 1. (a) The general assembly makes the following findings:

(1) Growth of Indiana's population and economic base has created a need for new energy production or generating facilities in Indiana.

(2) The development of a robust and diverse portfolio of energy production or generating capacity, including coal gasification and the use of renewable energy resources, is needed if Indiana is to continue to be successful in attracting new businesses and jobs.

(3) Indiana has considerable natural resources that are currently underutilized and could support development of new energy production or generating facilities, including coal gasification facilities, at an affordable price.

(4) Certain regions of the state, such as southern Indiana, could benefit greatly from new employment opportunities created by development of new energy production or generating facilities utilizing the plentiful supply of coal from the geological formation known as the Illinois Basin.

(5) Technology can be deployed that allows high sulfur coal from the geological formation known as the Illinois Basin to be burned or gasified efficiently while meeting strict state and federal air quality limitations. Specifically, the state should encourage the use of advanced clean coal technology, such as coal gasification.

(6) It is in the public interest for the state to encourage the construction of new energy production or generating facilities that increase the in-state capacity to provide for current and anticipated energy demand at a competitive price.

(7) It is in the public interest for the state to encourage the study, analysis, development, and life cycle management of nuclear energy production or generating facilities, as well as carbon dioxide capture, transportation, and storage facilities.

(b) The purpose of this chapter is to enhance Indiana's energy security and reliability by ensuring all of the following:

(1) Indiana's and the region's energy production or generating capacity continues to be adequate to provide for Indiana's current and future energy needs, including the support of the state's economic development efforts.

(2) The vast and underutilized coal resources of the Illinois Basin are used as a fuel source for new energy production or generating facilities.

(3) The electric transmission and gas transportation systems within Indiana are upgraded to distribute additional amounts of electricity and gas more efficiently.

(4) Jobs are created as new energy production or generating facilities are built in regions throughout Indiana.

(5) The study, analysis, development, and life cycle management of nuclear energy production or generating facilities are encouraged at the same time as are new coal fired and other fossil fuel based energy production or generating facilities.

As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.11; P.L.150-2011, SEC.2.
Ind. Code § 8-23-7-18 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-18
Exchange of lands, rights, and easements; valuation; payments for differences in value
Status: in_force

Sec. 18. Before making an exchange under section 17 of this chapter, both parcels of real property shall be appraised. Any difference in value between the two parcels of property shall be paid or received by the department. A sum received under this section shall be deposited with the treasurer of state and credited to the state highway construction fund.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-4.5-5-8 — Indiana Code / Title 8 / Article 4.5 / Chapter 5 / Section 8-4.5-5-8
Waiver of specified costs
Status: in_force

Sec. 8. (a) Notwithstanding section 7 of this chapter, the board may grant a waiver from section 7 of this chapter for specified costs.

(b) An applicant must make a written request for a waiver under this section.

(c) If the board grants a waiver, the applicant may make the specified expenditure. Approval of a waiver does not imply or guarantee that a subsequent application will be approved.

(d) Unless an applicant requests an advance waiver and the request is approved before an expenditure, any costs incurred before a waiver is granted may not be reimbursed from a grant under this chapter.

As added by P.L.40-1995, SEC.3.
Ind. Code § 8-1-2.8-8 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-8
"Local exchange company"
Status: in_force

Sec. 8. As used in this chapter, "local exchange company" or "LEC" refers to any communications service provider (as defined in IC 8-1-2.6-13(b)) that:

(1) has a certificate of territorial authority on file with the commission; and

(2) is required to provide dual party relay services to deaf, hard of hearing, and speech impaired persons under federal law.

As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.29; P.L.109-2012, SEC.4.
Ind. Code § 8-4-14-1 — Indiana Code / Title 8 / Article 4 / Chapter 14 / Section 8-4-14-1
Authority for reorganization
Status: in_force

Sec. 1. (a) In case of the sale of any railroad and its property, under or by the authority of any competent court or courts (part of which railroad may be situate within the state of Indiana and part situate in an adjoining state, and embraced in the mortgage or mortgages or deed or deeds of trust), it may be sold at one (1) time and place, as an entirety, at such point on the line of said railroad, either within or without the state, and upon such notice, as the court or courts ordering such sale may direct.

(b) In case of the reorganization of any railroad and its property under or by the authority of any competent court or courts of the United States in a proceeding for the reorganization of a railroad pursuant to Regional Rail Reorganization Act (11 U.S.C. 101(33), 1163, and 1166 et seq.), the corporation to which all or any part of said railroad and its property may be transferred by or pursuant to an appropriate order or decree of said court or courts may be a corporation organized under this chapter and having all of the powers, rights, privileges, immunities, and franchises provided in this chapter.

(c) This chapter is hereby declared to apply to and embrace any and all sales or purchases of railroads, their franchises, rights, and privileges, under judicial degrees, or judgments of any of the courts of the state of Indiana, or of the United States, at any time, whether said sale under such decrees or judgments, may have occurred before or after March 6, 1945.

Formerly: Acts 1945, c.202, s.1. As amended by P.L.62-1984, SEC.66.
Ind. Code § 8-23-9-47 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-47
Railroad crossings; election by railroad companies to make or pay for improvements
Status: in_force

Sec. 47. A railroad company may elect, by written notice filed with the department, not less than twenty (20) days before the date on which the contract for the improvement of a highway is to be let, to improve the part of the highway occupied by its tracks or to pay for the improvement done by the department. If the railroad company elects to improve the part of the highway occupied by its tracks, the company shall perform the work of improving the part of the highway with material and in a manner and according to plans and specifications that the department prescribes and shall commence, proceed with, and complete the work within a time to be fixed by the department. If the railroad company fails to do so, the company is subject to a fine of not to exceed fifty dollars ($50) per day for each and every day that the improvement is not commenced or completed after the date named by the department. If the railroad company elects to pay for the improvement as done by the department, any sums assessed to cover the cost of the improvement, together with all the cost in collecting the costs, including attorney's fees, to be fixed by the court and taxed as costs in the action brought to enforce payment, shall, from the date of filing a statement of the assessment, attested by the department, in the office of the county recorder of the county in which the improvement was made, constitute a lien, to which only the lien of the state for state, county, township, and school taxes is paramount.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-18-20-17 — Indiana Code / Title 8 / Article 18 / Chapter 20 / Section 8-18-20-17
Vacation of office by trustee or director
Status: in_force

Sec. 17. A trustee or director who:

(1) ceases to be a resident of the county; or

(2) becomes an officer or employee of a unit that established the authority;

vacates office.

As added by P.L.386-1987(ss), SEC.20.
Ind. Code § 8-14-2-5 — Indiana Code / Title 8 / Article 14 / Chapter 2 / Section 8-14-2-5
Local road and street account; use of funds
Status: in_force

Sec. 5. Money from the local road and street account shall be used exclusively by the cities, towns, and counties for:

(1) engineering, land acquisition, construction, resurfacing, maintenance, restoration, or rehabilitation of both local and arterial road and street systems;

(2) the payment of principal and interest on bonds sold primarily to finance road, street, or thoroughfare projects;

(3) any local costs required to undertake a recreational or reservoir road project under IC 8-23-5; or

(4) the purchase, rental, or repair of highway equipment.

Formerly: Acts 1969, c.392, s.5; Acts 1971, P.L.98, SEC.6; Acts 1973, P.L.71, SEC.4; Acts 1974, P.L.33, SEC.2; Acts 1975, P.L.91, SEC.1. As amended by Acts 1978, P.L.58, SEC.6; Acts 1981, P.L.41, SEC.51; P.L.18-1990, SEC.111; P.L.76-1990, SEC.1.
Ind. Code § 8-23-9-30 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-30
Claims against contractors; notice of rejection; commencement of actions
Status: in_force

Sec. 30. If a claim is rejected in whole or in part, the department shall immediately notify the claimant of the action by certified mail. Within ninety (90) days after receiving notice of a rejection the claimant must commence an action against the contractor or the surety on the bond in a court of competent jurisdiction to recover the amount of the claim. Upon the filing of an action, the claimant shall procure a certificate from the clerk of the court under the seal of office that the action has been filed and listing the date of filing and the parties. The claimant shall promptly forward the certificate to the department.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-23-1.1-39 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-39
"State highway system"
Status: in_force

Sec. 39. "State highway system" means the system of highways and streets that are of general economic importance to Indiana as a whole and for which responsibility is assigned to the department.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-25-8-2 — Indiana Code / Title 8 / Article 25 / Chapter 8 / Section 8-25-8-2
"Board"
Status: in_force

Sec. 2. As used in this chapter, "board" refers to the board of commissioners of an eligible county.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1.5-3-4 — Indiana Code / Title 8 / Article 1.5 / Chapter 3 / Section 8-1.5-3-4
Board; powers and duties
Status: in_force

Sec. 4. (a) The board has general supervisory powers over the utilities under its control, with responsibility for the detailed supervision of each utility to be vested in its superintendent, who is responsible to the board for the business and technical operation of the utility. The board shall:

(1) fix the number and compensation of employees;

(2) adopt rules governing the appointment of employees including making proper classifications and rules to:

(A) determine the eligibility of applicants;

(B) determine by competitive examination the relative fitness of applicants for positions;

(C) establish eligible lists arranged according to the ratings secured;

(D) provide for the appointment of those having the highest ratings; and

(E) provide for the promotion of employees;

(3) subject to IC 36-4-9-2, appoint a superintendent or manager of each utility under its control who is responsible to the board for the business and technical operation of the utility; the board shall make the appointment on the basis of fitness to manage the particular utility to which he is to be assigned, taking into account his executive ability and his knowledge of the utility industry;

(4) subject to IC 36-4-9-12, hire attorneys when required for the operation of the utility;

(5) hire professional or expert personnel when required for the operation of the utility;

(6) submit a budget of its financial needs for the next year in the detail required by the municipal legislative body;

(7) recommend to the legislative body reasonable and just rates and charges for services to the patrons of each utility;

(8) appropriate, lease, rent, purchase, and hold all real and personal property of the utility;

(9) enter upon lands for the purpose of surveying or examining the land to determine the location of any plant or appurtenances;

(10) award contracts for:

(A) the purchase of capital equipment;

(B) the construction of capital improvements; or

(C) other property or purposes that are necessary for the full and efficient construction, management, and operation of each utility;

(11) adopt rules for the safe, economical, and efficient management and protection of each utility;

(12) deposit at least weekly with the municipal fiscal officer all money collected from each utility to be kept in a separate fund subject to the order of the board; and

(13) make monthly reports to the fiscal officer of the receipts and disbursements of money belonging to each utility and an annual report of the condition of the utility.

(b) The board may purchase by contract electricity, water, gas, power, or any other commodity or service for the purpose of furnishing the commodity or service to the patrons of the municipally owned utility or to the municipality itself.

(c) If the board wants to purchase the commodity or service from a public utility and the parties cannot agree on a rate or charge to be paid for it, either party may apply to the commission or other appropriate state or federal regulatory agency to establish a fair and reasonable rate or charge to be paid for the commodity or service.

(d) The board may discontinue water service by a waterworks to:

(1) a water consumer; or

(2) any property;

upon failure by the water consumer or the property owner to pay charges legally due for sewer or sewage disposal plant service. However, the water service may not be discontinued for nonpayment of sewer or sewage disposal plant service charges until the charges have been due and unpaid for at least the time fixed by the board governing the sewer or sewage disposal plant service.

(e) Before water service is discontinued under subsection (d), the board must give written notice to the water consumer or property owner of its intention to discontinue water service if the unpaid sewer or sewage disposal plant service charges are not paid before a date specified in the notice. The notice must be mailed not less than ten (10) days before water service is to be discontinued and addressed to the water consumer or the property owner at the consumer's or owner's last known address.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.257-2019, SEC.77.
Ind. Code § 8-23-9-45 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-45
Railroad crossings; improvement and maintenance
Status: in_force

Sec. 45. Where the track or tracks of any steam, electric, interurban, or street railroad company occupies any part of a highway that is ordered improved and maintained by the department under this chapter, the railroad company shall improve and maintain, or pay for the cost of improving that part of the highway occupied by its tracks, including the space between the rails, the space between the tracks, if there is more than one (1) track, and the space eighteen (18) inches in width on the outside of the rails. In all cases where practicable, improvement to the full width shall be constructed outside the area occupied by the tracks, and, where not practicable to do so, the department may require the tracks to be removed to that part of the highway outside the area to be so improved.

As added by P.L.18-1990, SEC.218.
Ind. Code § 8-21-9-24 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-24
Proceeds of revenue bonds; interim receipts or temporary bonds; replacement of lost or destroyed bonds
Status: repealed

Sec. 24. The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the airport facility or airport facilities for which the bonds have been issued, and shall be disbursed in the manner and under the restrictions, if any, as may be provided in the resolution authorizing the issuance of the bonds or in a trust agreement securing the issue. If the proceeds of the bonds of any issue, by error of estimates or otherwise, are less than the cost, additional bonds may in like manner be issued, subject to IC 8-9.5-5-8(6) (repealed), to provide the amount of the deficit, and, unless otherwise provided in the commissioner's executive order authorizing the issuance of the bonds or in the trust agreement securing the issue, are deemed to be of the same issue and entitled to payment from the same fund without preference or priority of the bonds first issued. If the proceeds of the bonds of any issue shall exceed the cost of the airport facility or airport facilities for which the bonds have been issued, the surplus shall be deposited to the credit of the sinking fund for the bonds. Prior to the preparation of definitive bonds, the department may, subject to IC 8-9.5-5-8(6) (repealed), issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The department may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost.

Formerly: Acts 1971, P.L.105, SEC.2. As amended by Acts 1980, P.L.74, SEC.355; P.L.18-1990, SEC.160; P.L.1-2009, SEC.74.
Ind. Code § 8-1-13-37 — Indiana Code / Title 8 / Article 1 / Chapter 13 / Section 8-1-13-37
Investigation by commission on its own motion; rates, service, or territory
Status: in_force

Sec. 37. Whenever the commission believes that:

(1) any rate or charge may be unreasonable or unjustly discriminatory;

(2) any service is inadequate or cannot be obtained; or

(3) an investigation of any matter relating to rates or territory for a corporation should be made;

it may, on its own motion, conduct an investigation with or without notice.

As added by P.L.121-1987, SEC.14.
Ind. Code § 8-23-9-8 — Indiana Code / Title 8 / Article 23 / Chapter 9 / Section 8-23-9-8
Bid guarantee and performance bond requirements
Status: in_force

Sec. 8. The department:

(1) shall require each bidder to submit a bid guarantee and a performance bond payable to the state with the bidder's proposal if the estimated cost of the project is more than two hundred thousand dollars ($200,000); and

(2) may require a bidder to submit a bid guarantee and a performance bond payable to the state with the bidder's proposal if the estimated cost of the project is not more than two hundred thousand dollars ($200,000).

Instead of the bond, the department may establish by rule the requirements that, in its discretion, are necessary to assure payment of subcontractors, suppliers, and employees by the contractor.

As added by P.L.18-1990, SEC.218. Amended by P.L.133-2007, SEC.11.
Ind. Code § 8-1-26-16.5 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-16.5
Design information notice; duty to perform white lining; timing; association's duties on receipt; commencement of work; design information notice contents; operator's duties on receipt; grounds for rejection; effect
Status: in_force

Sec. 16.5. (a) A person responsible for:

(1) a construction project; or

(2) any other project or operation;

that will involve an excavation or demolition operation described in section 14 of this chapter may voluntarily, before commencing preliminary engineering studies or construction planning activities in the project area that will be affected by the excavation or demolition, serve a design information notice on the association of the person's intent to conduct the preliminary engineering studies or construction planning activities. However, not more than two (2) design information notices for the same project and from the same person or source may be submitted in any given one hundred eighty (180) day period.

(b) A person that serves a design information notice on the association under this section shall ensure that white lining is performed in the project area that will be affected by the proposed excavation or demolition if the person is unable to provide to the association the physical location of the proposed excavation or demolition by one (1) of the following means:

(1) A street address.

(2) A legal description of the location.

(3) A highway location using highway mile markers or cross streets.

(c) A design information notice under this section must be received by the association at least ten (10) full working days but not more than twenty (20) calendar days before the commencement of the preliminary engineering studies or construction planning activities. A design information notice is considered received for purposes of this section at the prevailing time the association receives the design information notice from the person that serves the design information notice under subsection (a). Upon receiving the design information notice, the association shall immediately:

(1) provide notice to each member operator that has underground facilities located in the project area that will be affected by the proposed excavation or demolition; and

(2) provide the person serving the design information notice a list of the identified operators receiving the notice under subdivision (1).

A person responsible for conducting the preliminary engineering studies or construction planning activities may not commence work before 7 a.m. prevailing time on the next working day that follows the elapse of ten (10) full working days after the time of receipt of the design information notice by the association under this subsection. However, a person responsible for conducting the preliminary engineering studies or construction planning activities may commence work before 7 a.m. prevailing time on the next working day that follows the elapse of ten (10) full working days after the time of receipt of the design information notice by the association under this subsection if all affected operators have provided to the association an electronic positive response indicating that the location of all the affected operators' facilities have been marked or that the affected operators have no facilities in the project area that will be affected by the proposed excavation or demolition.

(d) A design information notice under this section must contain the following information:

(1) The name, address, and telephone number of the person serving the notice and, if different, contact information for the person responsible for the preliminary engineering studies or construction planning activities.

(2) The name of and contact information for the person that will perform the proposed excavation or demolition in connection with the project, if known.

(3) The starting date, anticipated duration, and type of engineering studies or construction planning activities, if known.

(4) The location of the proposed excavation or demolition within the project area.

(5) Whether white lining will be performed at the site of the proposed excavation or demolition within the project area.

(e) Subject to subsection (f), upon receiving notice from the association under subsection (c), an operator shall contact the person serving the design information notice within the time specified in section 18(d) of this chapter and shall do one (1) or more of the following:

(1) Provide to the person serving the design information notice a description of all of the operator's underground facilities in the project area that will be affected by the proposed excavation or demolition, along with information as to the location of the facilities. The description and location information provided under this subdivision may include:

(A) drawings marked with a scale;

(B) dimensions;

(C) reference points for underground facilities already existing in the area; or

(D) other facility records that are maintained by the operator.

(2) Allow:

(A) the person serving the design information notice; or

(B) another authorized person;

to inspect, at a location that is acceptable to the operator, drawings or other records for all of the operator's underground facilities within the project area that will be affected by the proposed excavation or demolition.

(3) Designate with temporary facility markers the location of all of the operator's underground facilities within the project area that will be affected by the proposed excavation or demolition, as identified in the design information notice.

(f) An operator may reject a design information notice served under this section:

(1) based upon security considerations; or

(2) if producing the information set forth in subsection (e) will place the operator at a competitive disadvantage;

pending the operator obtaining additional information concerning the legitimacy of the design information notice. If an operator rejects a design information notice under this subsection, the operator shall provide notice of the rejection to, and may request additional information from, the person serving the design information notice.

(g) The submission of a design information notice under this section does not relieve a person responsible for the excavation or demolition operation involved in the project from providing the notice required under section 16 of this chapter before commencing the excavation or demolition operation.

As added by P.L.122-2017, SEC.4. Amended by P.L.53-2024, SEC.6.
Ind. Code § 8-1-47-1 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-1
"Electricity supplier"
Status: in_force

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

(1) provides utility service to customers; and

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

As added by P.L.36-2026, SEC.11.
Ind. Code § 8-1-2.4-4 — Indiana Code / Title 8 / Article 1 / Chapter 2.4 / Section 8-1-2.4-4
Electric and steam utilities required to enter into purchase contracts; rates for new and existing facilities; utilities not required to construct additional facilities or distribute power from private generation projects; commission review of utilities' rates for supplemental or backup power
Status: in_force

Sec. 4. (a) Subject to section 5 of this chapter, the commission shall require electric utilities and steam utilities to enter into long term contracts to:

(1) purchase or wheel electricity or useful thermal energy from alternate energy production facilities, cogeneration facilities, or small hydro facilities located in the utility's service territory, under the terms and conditions that the commission finds:

(A) are just and economically reasonable to the corporation's ratepayers;

(B) are nondiscriminatory to alternate energy producers, cogenerators, and small hydro producers; and

(C) will further the policy stated in section 1 of this chapter; and

(2) provide for the availability of supplemental or backup power to alternate energy production facilities, cogeneration facilities, or small hydro facilities on a nondiscriminatory basis and at just and reasonable rates.

(b) Upon application by the owner or operator of any alternate energy production facility, cogeneration facility, or small hydro facility or any interested party, the commission shall establish for the affected utility just and economically reasonable rates for electricity purchased under subsection (a)(1). The rates shall be established at levels sufficient to stimulate the development of alternate energy production, cogeneration, and small hydro facilities in Indiana, and to encourage the continuation of existing capacity from those facilities.

(c) The commission shall base the rates for new facilities or new capacity from existing facilities on the following factors:

(1) The estimated capital cost of the next generating plant, including related transmission facilities, to be placed in service by the utility.

(2) The term of the contract between the utility and the seller.

(3) A levelized annual carrying charge based upon the term of the contract and determined in a manner consistent with both the methods and the current interest or return requirements associated with the utility's new construction program.

(4) The utility's annual energy costs, including current fuel costs, related operation and maintenance costs, and any other energy-related costs considered appropriate by the commission.

(d) The commission shall base the rates for existing facilities on the factors listed in subsection (c). However, the commission shall also consider the original cost less depreciation of existing facilities and may establish a rate for existing facilities that is less than the rate established for new facilities.

(e) In the case of a utility that purchases all or substantially all of its electricity requirements, the rates established under this section must be equal to the current cost to the utility of similar types and quantities of electrical service.

(f) In lieu of the other procedures provided by this section, a utility and an owner or operator of an alternate energy production facility, cogeneration facility, or small hydro facility may enter into a long term contract in accordance with subsection (a) and may agree to rates for purchase and sale transactions. A contract entered into under this subsection must be filed with the commission in the manner provided by IC 8-1-2-42.

(g) This section does not require an electric utility or steam utility to:

(1) construct any additional facilities unless those facilities are paid for by the owner or operator of the affected alternate energy production facility, cogeneration facility, or small hydro facility; or

(2) distribute, transmit, deliver, or wheel electricity from a private generation project.

As added by Acts 1982, P.L.72, SEC.1. Amended by P.L.264-2017, SEC.3; P.L.156-2020, SEC.34.
Ind. Code § 8-17-7-2 — Indiana Code / Title 8 / Article 17 / Chapter 7 / Section 8-17-7-2
Definitions
Status: in_force

Sec. 2. (a) As used in this chapter, "local highway system" includes all roads, bridges, culverts, necessary supports, drainage facilities, and roadside developments within the rights-of-way.

(b) As used in this chapter, "department" refers to the Indiana department of transportation.

Formerly: Acts 1959, c.331, s.2. As amended by Acts 1980, P.L.74, SEC.304; P.L.86-1988, SEC.132; P.L.18-1990, SEC.151.
Ind. Code § 8-1-2-97 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-97
Repealed
Status: repealed

Formerly: Acts 1913, c.76, s.106; Acts 1933, c.190, s.16. Repealed by Acts 1982, P.L.74, SEC.6.
Ind. Code § 8-18-22-9 — Indiana Code / Title 8 / Article 18 / Chapter 22 / Section 8-18-22-9
Use of bond proceeds
Status: in_force

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

As added by P.L.113-1989, SEC.9.
Ind. Code § 8-23-17-23 — Indiana Code / Title 8 / Article 23 / Chapter 17 / Section 8-23-17-23
Rules and procedures; establishment
Status: in_force

Sec. 23. Each agency head is authorized to establish rules and procedures as necessary to assure the following:

(1) The payments and assistance authorized by this chapter shall be administered in a manner that is fair and reasonable, as uniformly as practicable.

(2) A displaced person who makes application for a payment authorized for such person under this chapter shall be paid promptly after a move or, in hardship cases, be paid in advance.

(3) A person aggrieved by a determination as to eligibility for a payment authorized by this chapter or the amount of a payment, may have the application reviewed by the agency head.

As added by P.L.18-1990, SEC.226.
Ind. Code § 8-3-1-10 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-10
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.12; Acts 1907, c.241, s.11; Acts 1911, c.225, s.3. As amended by P.L.62-1984, SEC.6; P.L.384-1987(ss), SEC.19. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-1-26-22 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-22
Pecuniary loss suffered by operator; civil action; damages; defenses; injunction
Status: in_force

Sec. 22. (a) If an operator suffers a pecuniary loss as a result of a violation of this chapter, the operator may bring a civil action against the person who caused the loss for the following:

(1) An amount equal to the operator's actual damage to the facility.

(2) The costs of the action.

(3) A reasonable attorney's fee.

(b) At the court's discretion, a court having jurisdiction may award punitive damages up to three (3) times the operator's actual damage.

(c) It is a defense to an action brought under this chapter if an operator fails to comply with the duties imposed under this chapter.

(d) In addition to the remedies described in subsection (a), an operator may bring an action to enjoin a person excavating or demolishing a structure in an area that includes the operator's facilities until that person complies with this chapter.

As added by P.L.69-1990, SEC.2.
Ind. Code § 8-21-3-8 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-8
"Proof of financial responsibility"
Status: in_force

Sec. 8. For purposes of this article, "proof of financial responsibility" means proof of the ability to satisfy a claim for damages arising from liability for the ownership, maintenance, or use of an aircraft, in the following amounts:

(1) One hundred thousand dollars ($100,000) for the bodily injury or death of one (1) person.

(2) Two hundred thousand dollars ($200,000) for the bodily injury or death of two (2) or more persons in any one (1) accident.

(3) One hundred thousand dollars ($100,000) for damage to property in any one (1) accident.

Formerly: Acts 1951, c.267, s.8. As amended by P.L.102-2015, SEC.4.
Ind. Code § 8-1-2-38 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-38
Filing schedule of rates and charges
Status: in_force

Sec. 38. Every public utility shall file with the commission, within a time fixed by the commission, schedules, which shall be open to public inspection, showing all rates, tolls and charges which it has established and which are enforced at the time for any service performed by it within the state, or for any service in connection therewith, or performed by any public utility controlled or operated by it. The rates, tolls and charges shown on such schedules shall not exceed, without the consent of the commission, the rates, tolls and charges in force January 1, 1913.

Formerly: Acts 1913, c.76, s.41.
Ind. Code § 8-20-1-71 — Indiana Code / Title 8 / Article 20 / Chapter 1 / Section 8-20-1-71
Repealed
Status: repealed

Formerly: Acts 1905, c.167, s.82. As amended by P.L.66-1984, SEC.133; P.L.86-1988, SEC.216. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1-22.6-10 — Indiana Code / Title 8 / Article 1 / Chapter 22.6 / Section 8-1-22.6-10
List of affected landowners; notice to affected landowners; time of mailing
Status: in_force

Sec. 10. (a) The pipeline company shall provide the division with a list of landowners that will be affected by the proposed construction of a pipeline or a segment of a pipeline in Indiana. The list must include all affected landowners that the pipeline company must provide notice to under IC 32-24-1-3(g).

(b) The division shall send, by certified mail, the following to each affected landowner:

(1) A copy of, or reference to, the guidelines adopted by the division.

(2) A notice that includes the following:

(A) A statement that the division has adopted the pipeline construction guidelines included with, or referenced in, the notice.

(B) A statement indicating that the pipeline construction guidelines have been mailed to the pipeline company. The statement required by this clause must specify a date after which the affected landowner may contact a toll free telephone number established by the division to provide information on the status of any construction guidelines agreed to by the pipeline company.

(C) A statement indicating that any guidelines agreed to by the pipeline company shall not be binding on the pipeline company or affected landowners but may be used by the pipeline company and an individual landowner to simplify negotiations involved in establishing a price for any:

(i) easement; or

(ii) other interest in land;

needed by the pipeline company to construct the pipeline.

(D) A statement encouraging the affected landowner to agree to any construction guidelines that the pipeline company agrees to follow, to the extent that the landowner determines that the guidelines are not contrary to the landowner's best interests.

(E) A statement including:

(i) contact information for the one (1) or more project coordinators designated by the division under section 12 of this chapter;

(ii) contact information for the Federal Energy Regulatory Commission, including a local or toll free telephone number; and

(iii) the commission's website address.

(c) The division shall mail the information required under subsection (b) not later than twenty (20) days after the division is notified by the pipeline company of the proposed route and is provided with a list of the affected landowners as required by subsection (a).

As added by P.L.110-2007, SEC.1. Amended by P.L.1-2025, SEC.118.
Ind. Code § 8-1-31.6-1 — Indiana Code / Title 8 / Article 1 / Chapter 31.6 / Section 8-1-31.6-1
"Commission"
Status: in_force

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

As added by P.L.91-2017, SEC.8.
Ind. Code § 8-1-26-11.4 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-11.4
"Tolerance zone"
Status: in_force

Sec. 11.4. As used in this chapter, "tolerance zone", with respect to a physical plant, means an area extending not less than:

(1) the width of the underground facilities of the physical plant; plus

(2) two (2) feet;

above, below, and in a full radius surrounding all outer limits of both the underground and aboveground facilities of the physical plant.

As added by P.L.53-2024, SEC.2.
Ind. Code § 8-1-41-3 — Indiana Code / Title 8 / Article 1 / Chapter 41 / Section 8-1-41-3
"Nonparticipating property"
Status: in_force

Sec. 3. (a) As used in this chapter, "nonparticipating property" means a lot or parcel of real property:

(1) that is not owned by a project owner; and

(2) with respect to which:

(A) the project owner does not seek:

(i) to install or locate one (1) or more wind power devices or other facilities related to a wind power project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure); or

(ii) to otherwise enter into a lease or any other agreement with the owner of the property for use of all or part of the property in connection with a wind power project; or

(B) the owner of the property does not consent:

(i) to having one (1) or more wind power devices or other facilities related to a wind power project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure) installed or located; or

(ii) to otherwise enter into a lease or any other agreement with the project owner for use of all or part of the property in connection with a wind power project.

(b) The term does not include a lot or parcel of real property otherwise described in subsection (a) if the owner of the lot or parcel consents to participate in a wind power project through a neighbor agreement, a participation agreement, or another similar arrangement or agreement with a project owner.

As added by P.L.90-2022, SEC.1.
Ind. Code § 8-21-11-3 — Indiana Code / Title 8 / Article 21 / Chapter 11 / Section 8-21-11-3
"Loan fund" defined
Status: in_force

Sec. 3. As used in this chapter, "loan fund" refers to the airport development revolving loan fund.

As added by P.L.34-1990, SEC.2.
Ind. Code § 8-4-10-3 — Indiana Code / Title 8 / Article 4 / Chapter 10 / Section 8-4-10-3
Adjoining lands; entry to secure materials
Status: in_force

Sec. 3. It shall be lawful for any such person or persons, or company of persons, their agents or employees, desiring to construct such lateral railroad, to enter upon any land near or adjoining thereto, to search for stone, wood, gravel or other materials to be used in the construction thereof; but no stone, gravel, wood or other materials shall be taken from any land, for said purpose, until the rate of compensation therefor shall be ascertained and tendered to the owner thereof; but if the parties can not agree thereon, each party shall choose a disinterested and reputable freeholder of the neighborhood who, if they can not agree, shall choose an umpire of like qualifications who shall, under oath or affirmation, fairly and impartially estimate the same; and such award shall be final and conclusive─the amount of which said award shall be paid or tendered to the person or persons entitled thereto, if within the state or known.

Formerly: Acts 1869(ss), c.46, s.3.
Ind. Code § 8-1-8.9-0.3 — Indiana Code / Title 8 / Article 1 / Chapter 8.9 / Section 8-1-8.9-0.3
General assembly findings of fact
Status: in_force

Sec. 0.3. The general assembly finds the following:

(1) The development of coal gasification facilities in Indiana that would use local coal resources for the production of substitute natural gas is in the public interest for purposes of:

(A) reducing the reliance of Indiana energy utilities on gas imports;

(B) mitigating price and supply risk;

(C) improving price stability; and

(D) promoting economic development and job creation.

(2) Coal gasification is encouraged by federal policies intended to increase the energy independence of the United States, including through the availability of tax incentives and loan guarantees.

(3) Indiana has the necessary resources and infrastructure suitable for development of coal gasification facilities.

(4) The receipt of federal incentives for the development, construction, and financing of new coal gasification facilities in Indiana will be enhanced by Indiana energy utilities entering into long term contracts for the purchase of substitute natural gas produced by such facilities.

(5) It is necessary to allow Indiana energy utilities to recover, through rate adjustments for the utility's customers, costs incurred from entering into supply contracts for substitute natural gas in order to promote the creation of such contracts without causing Indiana energy utilities to incur undue risk.

As added by P.L.220-2011, SEC.186.
Ind. Code § 8-21-9-1.5 — Indiana Code / Title 8 / Article 21 / Chapter 9 / Section 8-21-9-1.5
Purpose of chapter
Status: in_force

Sec. 1.5. The purpose of this chapter is to:

(1) promote the public welfare and national security;

(2) serve the public interest, convenience, and necessity;

(3) promote air navigation and transportation (international, national, state, and local) in and through Indiana;

(4) increase air commerce;

(5) promote the efficient, safe, and economical handling of air commerce; and

(6) assure the inclusion of Indiana in national and international programs of air transportation.

As added by P.L.1-1989, SEC.19.
Ind. Code § 8-1-2.8-22 — Indiana Code / Title 8 / Article 1 / Chapter 2.8 / Section 8-1-2.8-22
Use of InTRAC services by nonmembers
Status: in_force

Sec. 22. If:

(1) a communications service provider that is not a member of InTRAC originates, carries, or terminates, in whole or in part, any telecommunication message that uses the InTRAC's dual party relay services; and

(2) refuses to:

(A) enter into a contract with the InTRAC as provided in section 21(5) of this chapter; or

(B) pay any sums due under such a contract;

the InTRAC may apply to the commission for an order requiring just and reasonable payments or the payments that are due under the contract. The InTRAC may enforce this order in the courts of the state.

As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.34.
Ind. Code § 8-23-3-8 — Indiana Code / Title 8 / Article 23 / Chapter 3 / Section 8-23-3-8
Repealed
Status: repealed

As added by P.L.18-1990, SEC.212. Amended by P.L.118-1995, SEC.1; P.L.173-2003, SEC.13; P.L.153-2014, SEC.16; P.L.165-2021, SEC.132. Repealed by P.L.201-2023, SEC.114.
Ind. Code § 8-22-3-20 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-20
Treasurer
Status: in_force

Sec. 20. (a) The board shall appoint a person to act as treasurer of the authority, who shall give bond in the sum and with conditions that the board prescribes and with surety that the board approves. The treasurer is appointed for a term of one (1) year unless sooner removed for cause, but may be appointed for additional terms of one (1) year. All money payable to the authority shall be paid to the treasurer, who shall deposit it under IC 5-13-6. Money so deposited may be invested in accordance with IC 5-13-9.

(b) The treasurer shall keep an accurate account of all appropriations made and all taxes levied by the authority, of all money owing or due the authority, and of all money received and disbursed. He shall preserve all vouchers for payment and disbursements made, in accordance with the statutes relative to the preservation of public records. The treasurer shall issue all warrants for the payment of money from the funds of the authority, but a warrant may be issued for the payment of a claim only if the claim has been allowed in accordance with the procedure prescribed by the regulations of the board. All warrants must be countersigned by the president or vice president.

(c) Payroll and similar warrants may be executed with facsimile signatures.

(d) Whenever the treasurer is requested to issue a warrant, he may require evidence that the amount claimed is justly due and in conformity with law and for that purpose may summon before him any officer, agent, or employee of the district, or other person, and examine him under similar oath or affirmation, which oath or affirmation the treasurer may administer.

[Pre-Local Government Recodification Citations: 19-6-2-22; 19-6-3-23; 19-6-3.5-24.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.7; P.L.19-1987, SEC.26.
Ind. Code § 8-1-26-4 — Indiana Code / Title 8 / Article 1 / Chapter 26 / Section 8-1-26-4
"Damage"
Status: in_force

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

(1) the substantial weakening of structural or lateral support of an underground facility;

(2) the penetration or destruction of a protective coating, a housing, or another protective device of an underground facility;

(3) the partial or complete severance of an underground facility; or

(4) rendering any underground facility inaccessible.

As added by P.L.69-1990, SEC.2.
Ind. Code § 8-23-7-5 — Indiana Code / Title 8 / Article 23 / Chapter 7 / Section 8-23-7-5
Notice to owners; delivery
Status: in_force

Sec. 5. The department shall give written notice to the owners of property described in section 4 of this chapter that the department intends to acquire the real property or rights for highway purposes. The notice may be served in person or sent by certified mail to the owners of the property at the address shown on the tax records of the county.

As added by P.L.18-1990, SEC.216.
Ind. Code § 8-21-3-18 — Indiana Code / Title 8 / Article 21 / Chapter 3 / Section 8-21-3-18
Inadequate security; requiring alternative security
Status: in_force

Sec. 18. Whenever any proof of financial responsibility filed by any person under this chapter no longer fulfills the purpose for which required, the department shall, for the purpose of this chapter, require other proof of financial responsibility as required by this chapter.

Formerly: Acts 1951, c.267, s.18. As amended by Acts 1980, P.L.74, SEC.330.
Ind. Code § 8-1-8.5-3 — Indiana Code / Title 8 / Article 1 / Chapter 8.5 / Section 8-1-8.5-3
Analysis of needs; integrated resource plans; hearings; report
Status: in_force

Sec. 3. (a) The commission shall develop, publicize, and keep current an analysis of the long-range needs for expansion of facilities for the generation of electricity.

(b) This analysis must include an estimate of:

(1) the probable future growth of the use of electricity;

(2) the probable needed generating reserves;

(3) in the judgment of the commission, the optimal extent, size, mix, and general location of generating plants;

(4) in the judgment of the commission, the optimal arrangements for statewide or regional pooling of power and arrangements with other utilities and energy suppliers to achieve maximum efficiencies for the benefit of the people of Indiana; and

(5) the comparative costs of meeting future growth by other means of providing reliable, efficient, and economic electric service, including purchase of power, joint ownership of facilities, refurbishment of existing facilities, conservation (including energy efficiency), load management, distributed generation, and cogeneration.

(c) The commission shall consider the analysis in acting upon any petition by any utility for construction.

(d) In developing the analysis, the commission:

(1) shall confer and consult with:

(A) the public utilities in Indiana;

(B) the utility commissions or comparable agencies of neighboring states;

(C) the Federal Energy Regulatory Commission; and

(D) other agencies having relevant information; and

(2) may participate as it considers useful in any joint boards investigating generating plant sites or the probable needs for future generating facilities.

(e) In addition to such reports as public utilities may be required by statute or rule of the commission to file with the commission, a utility:

(1) may submit to the commission a current or updated integrated resource plan as part of a utility specific proposal as to the future needs for electricity to serve the people of the state or the area served by the utility; and

(2) shall submit to the commission an integrated resource plan that assesses a variety of demand side management and supply side resources to meet future customer electricity service needs in a cost effective and reliable manner.

The commission shall adopt rules under IC 4-22-2 concerning the submission of an integrated resource plan under subdivision (2).

(f) Insofar as practicable, each utility, the utility consumer counselor, and any intervenor may attend or be represented at any formal conference conducted by the commission in developing an analysis for the future requirements of electricity for Indiana or this region.

(g) In the course of making the analysis required by subsection (a) and, if applicable, developing an analysis described in subsection (f), the commission shall conduct one (1) or more public hearings.

(h) Each year, the commission shall submit to the governor and to the appropriate committees of the general assembly a report of its analysis regarding the future requirements of electricity for Indiana or this region.

As added by P.L.43-1983, SEC.12. Amended by P.L.88-1985, SEC.7; P.L.53-1992, SEC.2; P.L.246-2015, SEC.1.
Ind. Code § 8-6-7.5-1 — Indiana Code / Title 8 / Article 6 / Chapter 7.5 / Section 8-6-7.5-1
Time limit
Status: in_force

Sec. 1. It shall be unlawful for a railroad corporation to permit any train, railroad car or engine to obstruct public travel at a railroad-highway grade crossing for a period in excess of ten (10) minutes, except where such train, railroad car or engine cannot be moved by reason of circumstances over which the railroad corporation has no control.

Formerly: Acts 1972, P.L.63, SEC.4.
Ind. Code § 8-1-8.2-8 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-8
"Unit"
Status: in_force

Sec. 8. As used in this chapter, "unit" has the meaning set forth in IC 36-1-2-23.

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-17-1-46 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-46
Responsibility for care of bridges
Status: in_force

Sec. 46. (a) This section does not apply to an eligible county (as defined in IC 8-16-3.1-1) that complies with the provisions in IC 8-16-3.1-4.

(b) A county is responsible for the construction, reconstruction, maintenance, and inspection of a bridge that meets the following requirements:

(1) Is located in the county, including a bridge that is located within the corporate limits of a municipality.

(2) Has a span length greater than twenty (20) feet.

(3) Is not part of the state highway system.

(4) Meets either of the following:

(A) The bridge was inspected by the county before January 1, 2024.

(B) The bridge was added to the county inventory by the county executive after December 31, 2024.

(c) A municipality is responsible for the construction, reconstruction, and maintenance of a bridge that meets the following requirements:

(1) Is located within the corporate limits of the municipality.

(2) Has a span length equal to or less than twenty (20) feet.

(3) Is not part of the state highway system.

(d) A new bridge that may be the responsibility of the county under subsection (b) must be developed in consultation with the county.

As added by P.L.173-2025, SEC.21.
Ind. Code § 8-9.5-8-4 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-4
Duties
Status: in_force

Sec. 4. (a) The authority is responsible for the construction, reconstruction, improvement, maintenance, operation, and repair of toll roads under IC 8-15-2 and toll bridges under IC 8-16-1.

(b) The authority shall classify as confidential any estimate of cost prepared in conjunction with analyzing competitive bids for projects until a contract is awarded for the work.

As added by P.L.109-1983, SEC.3. Amended by P.L.12-1984, SEC.4.
Ind. Code § 8-1-46-24 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-24
Service restoration performance metric; calculation; adjustment of electricity supplier's authorized return upward or downward
Status: in_force

Sec. 24. (a) For each rate year included in an electricity supplier's multi-year rate plan, the commission shall determine, using the most recent service restoration performance report submitted to the commission by the electricity supplier under section 19 of this chapter, a service restoration performance metric for that electricity supplier in the following manner:

STEP ONE: Determine the electricity supplier's average SAIDI over the course of the five (5) calendar years immediately preceding the most recently concluded calendar year, including major event days, for the electricity supplier's system in Indiana as a whole.

STEP TWO: Determine the electricity supplier's SAIDI for the most recently concluded calendar year, including major event days, for the electricity supplier's system in Indiana as a whole.

STEP THREE: Calculate the difference between the STEP ONE result minus the STEP TWO result.

STEP FOUR: Calculate the quotient of the STEP THREE result divided by the STEP ONE result, rounded to the nearest one-hundredth (0.01).

STEP FIVE: Calculate the product of one hundred (100) multiplied by the STEP FOUR result. This product is the electricity supplier's service restoration performance metric for the rate year.

(b) If the electricity supplier's service restoration performance metric under subsection (a) is a positive number that exceeds five (5), the commission shall adjust the electricity supplier's authorized return for the rate year upward by not more than one-half (0.50) basis point.

(c) If the electricity supplier's service restoration performance metric under subsection (a) is a negative number that when multiplied by negative one (-1) exceeds five (5), the commission shall adjust the electricity supplier's authorized return for the rate year downward by not more than one-half (0.50) basis point.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-1-46-26 — Indiana Code / Title 8 / Article 1 / Chapter 46 / Section 8-1-46-26
Treatment of references to "base rate case" and similar terms in Indiana Code and commission's rules
Status: in_force

Sec. 26. After March 14, 2026, any reference in IC 8-1, or in rules adopted by the commission, to:

(1) a "base rate case";

(2) a "general rate case";

(3) a proceeding for a change or increase in "basic rates and charges"; or

(4) words of similar import;

with respect to an electricity supplier subject to this chapter is considered a reference to the establishment of the electricity supplier's basic rates and charges for the first year of the electricity supplier's multi-year rate plan under this chapter.

As added by P.L.36-2026, SEC.10.
Ind. Code § 8-14-15.2-11 — Indiana Code / Title 8 / Article 14 / Chapter 15.2 / Section 8-14-15.2-11
Trust code applicable to the trust
Status: in_force

Sec. 11. IC 30-4 (trust code) applies to a trust established under this chapter.

As added by P.L.189-2018, SEC.79.
Ind. Code § 8-4-31-2 — Indiana Code / Title 8 / Article 4 / Chapter 31 / Section 8-4-31-2
"Railroad corporations" defined
Status: in_force

Sec. 2. The term "railroad corporations" contained in this chapter shall be deemed and taken to mean all corporations, companies, and individuals which on or after April 21, 1911, own or operate any railroad within this state.

Formerly: Acts 1911, c.107, s.2. As amended by P.L.62-1984, SEC.84.
Ind. Code § 8-1-7.9-23 — Indiana Code / Title 8 / Article 1 / Chapter 7.9 / Section 8-1-7.9-23
Petition for approval of project to serve large load customer; required information; case in chief; notice of filing
Status: in_force

Sec. 23. (a) This section applies to an energy utility that petitions the commission for approval of a project to serve a large load customer.

(b) In a petition under this section, an energy utility must include, at a minimum, the following:

(1) The energy utility's complete case in chief, which must include, at a minimum, the following:

(A) An agreement from the large load customer that describes the financial assurances:

(i) that afford protections for the energy utility's existing and future customers; and

(ii) to which the large load customer has committed regardless of whether the large load customer ultimately takes service in the anticipated amount and within the anticipated time frame.

(B) A description of:

(i) the demand side management and self-generation options reviewed with the large load customer; and

(ii) the investments the large load customer will undertake to reasonably minimize the amount of incremental and other costs incurred by the energy utility.

(C) A description of how the energy utility considered implementing grid enhancing technologies to defer or minimize the need for additional investment in generation.

(D) A description of how the energy utility may provide for the requisite amount of electricity needed by the large load customer, including the estimated project costs.

(E) A description of how the expected project solution will support the provision of electric utility service with the attributes set forth in IC 8-1-2-0.6, including:

(i) reliability;

(ii) affordability;

(iii) resiliency;

(iv) stability; and

(v) environmental sustainability.

(F) A description of how the expected project solution and its implementation, if approved by the commission, reasonably protects existing and future customers and is consistent with:

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

(ii) economical rates.

(G) A description of the changes that the energy utility will make to the energy utility's:

(i) submissions under IC 8-1-8.5; or

(ii) filings under IC 8-1-39;

or both, that are necessary to update the energy utility's plans under those statutes to incorporate the project.

(H) Information concerning each:

(i) large load customer; and

(ii) economic development project;

included in the petition.

(I) A letter to the energy utility from the corporation supporting the petition's request.

(J) A letter to the energy utility from the office certifying that a pre-filing meeting took place and that at the meeting:

(i) the large load customer's proposed project; and

(ii) the expected project solution proposed by the energy utility;

were adequately discussed.

(K) A description of the communications and information sharing that:

(i) took place with the appropriate regional transmission organization before the pre-filing meeting described in clause (J); and

(ii) concerned the capacity and energy needs of each large load customer included in the petition.

(L) A proposed order for the petition.

(2) A copy of a notice of filing with:

(A) the corporation;

(B) the office;

(C) the office of utility consumer counselor; and

(D) the appropriate regional transmission organization.

A notice that is delivered electronically to the parties set forth in this subdivision satisfies the notice requirement under this subdivision.

As added by P.L.217-2025, SEC.2.
Ind. Code § 8-4-7-17 — Indiana Code / Title 8 / Article 4 / Chapter 7 / Section 8-4-7-17
Filing of certificate of acceptance of provisions of chapter; conclusiveness upon associate companies
Status: in_force

Sec. 17. Whenever, prior to March 2, 1885, any union railway company shall have been incorporated, and the proprietary companies of such union railway company shall have, by agreement in writing with any other railroad company, such as is designated in this chapter as an associate company, admitted such associate company to the use of the property and facilities of such union company, then, upon the filing of the certificate of acceptance contemplated by section 16 of this chapter, such agreement between such proprietary companies and such associate company shall have the same force and effect and be as valid and binding as if the same had been made after March 2, 1885, and the terms of such agreement, including the provision for such a board of managers as is contemplated by this chapter, the delegation of powers to such board, and the right of such associate company to representation on such board, shall be observed and enforced as may have been provided for in said agreement.

Formerly: Acts 1885, c.20, s.17. As amended by P.L.62-1984, SEC.54.
Ind. Code § 8-23-2-15 — Indiana Code / Title 8 / Article 23 / Chapter 2 / Section 8-23-2-15
"Highway worksite"; off duty police officers patrolling highway worksites
Status: in_force

Sec. 15. (a) As used in this section, "highway worksite" means an area where:

(1) highway construction, reconstruction, or maintenance is actually occurring; and

(2) notice is posted indicating that the highway worksite is a specific area designated with signage on the highway.

(b) The department may contract with the state police department or local law enforcement agencies to hire off duty police officers to patrol highway worksites. The duties of a police officer who is hired under this section:

(1) are limited to those duties that the police officer normally performs while on active duty; and

(2) do not include the duties of a:

(A) flagman; or

(B) security officer.

(c) The department shall use the money transferred to the department under IC 33-37-9-4(a)(6) to pay the costs of hiring off duty police officers to perform the duties described in subsection (b).

(d) All money transferred to the department under IC 33-37-9-4(a)(6) is annually appropriated to pay off duty police officers to perform the duties described in subsection (b).

As added by P.L.64-1992, SEC.1. Amended by P.L.4-1994, SEC.2; P.L.132-2003, SEC.1; P.L.98-2004, SEC.76; P.L.217-2014, SEC.5; P.L.120-2023, SEC.1.
Ind. Code § 8-1-15-4 — Indiana Code / Title 8 / Article 1 / Chapter 15 / Section 8-1-15-4
Order granting or denying petition
Status: in_force

Sec. 4. If no such remonstrance shall be filed in writing with the court before the time set for hearing, the court shall grant the prayer of the petition. If remonstrance thereto be made, the court shall set the time for hearing and trial by the court and if the facts alleged in said petition are found true and the facts in said remonstrance are found not true the court shall overrule the remonstrance and grant the prayer of the petition. In either case, all costs of the proceedings shall be paid by the petitioner.

Formerly: Acts 1959, c.196, s.4.
Ind. Code § 8-14-15.1-3 — Indiana Code / Title 8 / Article 14 / Chapter 15.1 / Section 8-14-15.1-3
"Trust"
Status: in_force

Sec. 3. As used in this chapter, "trust" refers to the next level Indiana trust fund established under section 5 this chapter.

As added by P.L.217-2017, SEC.69.
Ind. Code § 8-23-8-5 — Indiana Code / Title 8 / Article 23 / Chapter 8 / Section 8-23-8-5
Bypass highways
Status: in_force

Sec. 5. Whenever the department constructs a bypass highway around a municipality, the department shall designate the bypass highway as a limited access facility.

As added by P.L.18-1990, SEC.217.
Ind. Code § 8-1-44-13 — Indiana Code / Title 8 / Article 1 / Chapter 44 / Section 8-1-44-13
Petition to participate in program; required information; joint petition by eligible utilities; commission's review; considerations; final order; required findings for approval
Status: in_force

Sec. 13. (a) An eligible utility that seeks to develop a project with one (1) or more eligible partners may petition the commission, in the form and manner prescribed by the commission, for approval to participate in the program. 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 (c). A petition must include, at the minimum, the following information:

(1) A statement identifying each eligible partner participating in the eligible partnership, including the contact information for a representative of the eligible partner to whom the commission may direct all communications concerning the proposed project.

(2) For each eligible partner identified under subdivision (1), a description of the funds, property, or services that the eligible partner plans to contribute to the project, including an estimate of the amount or value of the funds, property, or services to be provided.

(3) For each eligible partner identified under subdivision (2) that plans to provide financing for or otherwise invest financially in the project, any information the commission may require in considering the creditworthiness of the eligible partner, including:

(A) the eligible partner's investment grade rating;

(B) guarantees of a parent company of the eligible partner that has an investment grade rating; or

(C) a bank reference letter or bonding commitment on behalf of the eligible partner;

as may be applicable.

(4) For any eligible partner identified under subdivision (1) and described in section 3(2) of this chapter:

(A) an estimate of the electricity that:

(i) is to be generated by an SMR developed under the project; and

(ii) the eligible partner anticipates using; or

(B) a description of the location and site characteristics of the eligible partner's premises on which an SMR developed under the project is to be located;

as applicable.

(5) The address or geographic coordinates for, or a legal or other description that sufficiently identifies the location of, the proposed eligible project site.

(6) For each SMR to be developed as part of the project, information as to the following, to the extent known at the time of the petition:

(A) The capacity.

(B) The manufacturer.

(C) Any technical configurations or specifications that may be required by the commission.

(D) The proposed location of the SMR on the proposed project site.

(7) An anticipated timeline for the following:

(A) Performing project development activities.

(B) Incurring project development costs, including any eligible project development costs.

(C) The anticipated date by which the eligible partnership will make a decision as to whether to seek a CPCN under IC 8-1-8.5.

(8) Any efforts by the eligible utility or the eligible partnership to pursue funding opportunities from the United States Department of Energy to offset project development costs or construction costs in connection with the proposed project.

(9) Any other information that the commission may require to enable the commission to conduct a review under subsection (c) or make the findings set forth in subsection (d).

(b) If more than one (1) eligible utility is part of an eligible partnership that seeks to develop a project for approval to participate in the program, the eligible utilities shall jointly file the petition required under this section. However, each eligible utility that is part of the eligible partnership and that seeks approval to incur eligible project development costs under section 14 of this chapter must separately file a petition with the commission under section 14 of this chapter. In any case in which more than one (1) eligible utility files a joint petition under this section, a reference in this section to one (1) eligible utility is a reference to all eligible utilities filing the joint petition.

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

(1) Whether the proposed project is consistent with:

(A) the purposes set forth in section 12(a) of this chapter; and

(B) any rules adopted by the commission under this chapter.

(2) The factors set forth in IC 8-1-8.5-12.1(d)(1)(A) and IC 8-1-8.5-12.1(d)(1)(B) with respect to any SMR that is to be developed as part of the project, giving due regard to IC 8-1-8.5-12.1(d)(2) that applies in the context of a petition for a CPCN.

(3) Whether the eligible utility has provided adequate assurances that if the eligible utility seeks a CPCN in connection with the project, the eligible utility will comply with all requirements set forth in IC 8-1-8.5 and in rules adopted under IC 8-1-8.5-12.1.

(4) Whether the timeline set forth in the eligible utility's petition under subsection (a)(7) is reasonable and demonstrates a likelihood that the eligible utility will seek a CPCN under IC 8-1-8.5.

(d) The commission shall issue a final order approving or denying a petition under this section 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. The commission shall approve a petition if the commission makes the following findings:

(1) That the proposed project is consistent with:

(A) the purposes set forth in section 12(a) of this chapter; and

(B) any rules adopted by the commission under this chapter.

(2) That if the eligible utility seeks a CPCN in connection with the project, the eligible utility will comply with all requirements set forth in IC 8-1-8.5 and in rules adopted under IC 8-1-8.5-12.1.

(3) That the timeline set forth in the eligible utility's petition under subsection (a)(7) is reasonable and demonstrates a likelihood that the eligible utility will seek a CPCN under IC 8-1-8.5.

As added by P.L.137-2025, SEC.1.
Ind. Code § 8-21-12-6 — Indiana Code / Title 8 / Article 21 / Chapter 12 / Section 8-21-12-6
"Landing area"
Status: in_force

Sec. 6. As used in this chapter, "landing area" is that part of an airport or landing field designated and used for the landing or taking off of aircraft.

As added by P.L.28-1991, SEC.2.
Ind. Code § 8-1-17-4 — Indiana Code / Title 8 / Article 1 / Chapter 17 / Section 8-1-17-4
Articles of incorporation
Status: in_force

Sec. 4. The articles of incorporation shall be entitled and endorsed "Articles of Incorporation of ____________ (the blank space to be filled in with the name of the corporation) and shall state:

(1) The name of the cooperative corporation, which shall be such as to distinguish it from any other corporation, and a statement whether it is to be a general or a local cooperative corporation.

(2) A statement of the county or counties within which its operations are to be conducted. If it is a local cooperative corporation, the rural area or areas in which its operations are to be conducted shall be further described and limited from time to time by certificate issued by the commission.

(3) Location of its principal office and post office address.

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

(5) The names and post office addresses of the directors who are to manage the affairs of the cooperative corporation for the first year of its existence or until their successors are chosen.

(6) The period, if any, limited for the duration of the cooperative corporation or a statement that the duration of the cooperative corporation is to be perpetual.

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

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

Formerly: Acts 1951, c.193, s.4. As amended by P.L.119-1987, SEC.2.
Ind. Code § 8-15-2-1 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-1
Purpose; powers; applicability to the authority
Status: in_force

Sec. 1. (a) In order to remove the handicaps and hazards on the congested highways in Indiana, to facilitate vehicular traffic throughout the state, to promote the agricultural and industrial development of the state, and to provide for the general welfare by the construction of modern express highways embodying safety devices, including center division, ample shoulder widths, long sight distances, multiple lanes in each direction, and grade separations at intersections with other highways and railroads, the authority may:

(1) subject to subsection (d), construct, reconstruct, maintain, repair, and operate toll road projects at such locations as shall be approved by the governor;

(2) in accordance with such alignment and design standards as shall be approved by the authority and subject to IC 8-9.5-8-10, issue toll road revenue bonds of the state payable solely from funds pledged for their payment, as authorized by this chapter, to pay the cost of such projects;

(3) finance, develop, construct, reconstruct, improve, or maintain improvements for manufacturing, commercial, or public transportation activities within a county through which a toll road passes;

(4) in cooperation with the Indiana department of transportation or a political subdivision, construct, reconstruct, or finance the construction or reconstruction of an arterial highway or an arterial street that is located within a county through which a toll road passes and that:

(A) interchanges with a toll road project; or

(B) intersects with a road or a street that interchanges with a toll road project;

(5) finance improvements necessary for developing transportation corridors in northwestern Indiana; and

(6) exercise these powers in participation with any governmental entity or with any individual, partnership, limited liability company, or corporation.

(b) Notwithstanding subsection (a), the authority shall not construct, maintain, operate, nor contract for the construction, maintenance, or operation of transient lodging facilities on, or adjacent to, such toll road projects.

(c) This chapter:

(1) applies to the authority only when acting for the purposes set forth in this chapter; and

(2) does not apply to the authority when acting under any other statute for any other purpose.

(d) Before the authority or an operator selected under IC 8-15.5 may enter into an agreement for the financing, construction, maintenance, or operation of a toll road project, the budget committee must first review the proposed agreement.

Formerly: Acts 1951, c.281, s.1; Acts 1959, c.285, s.1. As amended by Acts 1980, P.L.74, SECS.222, 223; P.L.109-1983, SEC.4; P.L.48-1986, SEC.3; P.L.18-1990, SEC.128; P.L.8-1993, SEC.143; P.L.89-1997, SEC.1; P.L.235-2005, SEC.115; P.L.214-2005, SEC.51; P.L.47-2006, SEC.8; P.L.1-2006, SEC.156; P.L.1-2007, SEC.80; P.L.163-2011, SEC.1; P.L.119-2012, SEC.92; P.L.94-2015, SEC.1; P.L.218-2017, SEC.69.
Ind. Code § 8-17-1-14 — Indiana Code / Title 8 / Article 17 / Chapter 1 / Section 8-17-1-14
Repealed
Status: repealed

Formerly: Acts 1919, c.112, s.15. As amended by P.L.66-1984, SEC.80; P.L.86-1988, SEC.78. Repealed by P.L.113-1989, SEC.11.
Ind. Code § 8-1.5-6-3 — Indiana Code / Title 8 / Article 1.5 / Chapter 6 / Section 8-1.5-6-3
"Regulatory ordinance"
Status: in_force

Sec. 3. As used in this chapter, "regulatory ordinance" means an ordinance adopted by a municipality that:

(1) asserts the exclusive authority of a municipal utility to provide service within a regulated territory; or

(2) prohibits another utility from providing utility service in the regulated territory.

As added by P.L.213-2014, SEC.7.
Ind. Code § 8-15-2-14 — Indiana Code / Title 8 / Article 15 / Chapter 2 / Section 8-15-2-14
Toll collection
Status: in_force

Sec. 14. (a) The authority may do the following:

(1) Fix, revise, charge, and collect tolls for the use of each toll road project by any person, partnership, association, limited liability company, or corporation desiring the use of any part thereof, including the right-of-way adjoining the paved portion and for placing thereon telephone, telegraph, electric light, or power lines.

(2) Fix the terms, conditions, and rates of charge for such use, including assessments for the failure to pay required tolls, subject, however, to the state's police power.

(3) Collect tolls, user fees, or other charges through manual or nonmanual methods, including, but not limited to, automatic vehicle identification systems, electronic toll collection systems, and, to the extent permitted by law, including rules adopted by the authority under section 17.2(a)(10) of this chapter, global positioning systems and photo or video based toll collection or toll collection enforcement systems.

(4) Adopt rules under IC 4-22-2 authorizing the use of and establishing procedures for the implementation of the collection of user fees by electronic or other nonmanual means under subdivision (3).

(b) Notwithstanding subsection (a), no toll or charge shall be made by the authority under this section or under a public-private agreement entered into under IC 8-15.5 for:

(1) the operation of temporary lodging facilities located upon or adjacent to any project, nor may the authority itself operate or gratuitously permit the operation of such temporary lodging facilities by other persons without any toll or charge; or

(2) placing in, on, along, over, or under such project, such telephone, telegraph, electric light or power lines, equipment, or facilities as may be necessary to serve establishments located on the project or as may be necessary to interconnect any public utility facilities on one (1) side of the toll road project with those on the other side.

(c) All contracts executed by the authority shall be preserved in the principal office of the authority.

(d) In the case of a toll road project that is not leased to the department under IC 8-9.5-8-7, the tolls shall be fixed and adjusted for each toll road project so that the aggregate of the tolls from the project, together with other revenues that are available to the authority without prior restriction or encumbrance, will at least be adequate to pay:

(1) the cost of operating, maintaining, and repairing the toll road project, including major repairs, replacements, and improvements;

(2) the principal of and the interest on bonds issued in connection with the toll road project, as the principal and interest becomes due and payable, including any reserve or sinking fund required for the project; and

(3) the payment of principal of and interest on toll road bonds issued by the authority in connection with any other toll road project, including any reserve or sinking fund required for the project, but only to the extent that the authority provides by resolution and subject to the provisions of any trust agreement relating to the project.

(e) Not less than one (1) year before the date that final payment of all such bonds, interest, and reimbursement is expected by the chairman of the authority to be completed, the chairman shall notify the state budget committee in writing of the expected date of final payment.

(f) Such tolls shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the state.

(g) The tolls, rents, and all other revenues derived by the authority from the toll road project, except those received in accordance with a public-private agreement under IC 8-15.5, shall be used as follows:

(1) To pay the cost of operating, maintaining, and repairing the toll road project, including major repairs, replacements, and improvements, to the extent that those costs are not paid out of other funds.

(2) To the extent provided for in the resolution authorizing the issuance of bonds under this chapter or in the trust agreement securing the bonds, to pay:

(A) the principal of and interest on any bonds as the principal and interest become due; or

(B) the redemption price or purchase price of the bonds retired by call or purchase.

(3) Except as prohibited by the resolution authorizing the issuance of bonds under this chapter or the trust agreement securing them, for any purpose relating to any toll road project, including the subject toll road project, as the authority provides by resolution.

(h) Neither the resolution nor any trust agreement by which a pledge is created needs to be filed or recorded except in the records of the authority.

(i) The use and disposition of moneys to the credit of any sinking fund shall be subject to the provisions of any resolution or resolutions authorizing the issuance of any bonds or of any trust agreement. Except as may otherwise be provided in this chapter or in any resolution or any trust agreement, any sinking fund shall be a fund for all bonds without distinction or priority of one over another, subject, however, to such priorities as may arise from prior pledges.

(j) In the case of a toll road project that is leased to the department under IC 8-9.5-8-8, the lease must require that the department fix tolls for the toll road project that comply with IC 8-9.5-8-8(c)(6).

(k) User fees (as defined in IC 8-15.5-2-10) for a toll road project that is subject to a public-private agreement under IC 8-15.5 shall be set in accordance with IC 8-15.5-7.

(l) The amount of a toll must be invoiced to a driver not later than one (1) year after the date the driver incurs the toll.

Formerly: Acts 1951, c.281, s.14; Acts 1959, c.285, s.4; Acts 1971, P.L.99, SEC.4. As amended by Acts 1980, P.L.74, SECS.241, 242; P.L.109-1983, SEC.18; P.L.386-1987(ss), SEC.11; P.L.8-1993, SEC.145; P.L.47-2006, SEC.11; P.L.140-2013, SEC.7; P.L.93-2024, SEC.81; P.L.227-2025, SEC.3.
Ind. Code § 8-10-5-2 — Indiana Code / Title 8 / Article 10 / Chapter 5 / Section 8-10-5-2
Ordinance or resolution authorizing creation; actions by or against; contracts
Status: in_force

Sec. 2. (a) Any municipal corporation, county, or any combination of a municipal corporation, municipal corporations, county, or counties may create a port authority and there may be created a port authority in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). Such authority may operate in addition to any municipal authority that may be created under this chapter. A municipal corporation shall act by ordinance, and a county shall act by resolution of the county commissioners in authorizing the creation of a port authority. A port authority created hereunder shall be a body corporate and politic which may sue and be sued, plead and be impleaded, and shall have the powers and jurisdiction enumerated in this chapter. The exercise by such port authority of the powers conferred upon it shall be deemed to be essential governmental functions of the state of Indiana, but no port authority shall be immune from liability by reason thereof.

(b) In the exercise of the powers and authorities herein granted said port authority shall have power to make and enter into any and all contracts that may be necessary to effectuate the purposes of this chapter. Except as otherwise expressly provided by this chapter, a contract made by a port authority is not subject to ratification by any other board, body, or officer.

Formerly: Acts 1959, c.343, s.2; Acts 1961, c.247, s.2; Acts 1975, P.L.86, SEC.1. As amended by P.L.12-1992, SEC.61; P.L.49-2010, SEC.1; P.L.11-2023, SEC.37.
Ind. Code § 8-22-3.5-12 — Indiana Code / Title 8 / Article 22 / Chapter 3.5 / Section 8-22-3.5-12
Repealed
Status: repealed

As added by P.L.86-1991, SEC.1. Amended by P.L.91-1997, SEC.10; P.L.124-2006, SEC.9. Repealed by P.L.146-2008, SEC.813.
Ind. Code § 8-4-2-3 — Indiana Code / Title 8 / Article 4 / Chapter 2 / Section 8-4-2-3
Special annual meeting of stockholders; voting
Status: in_force

Sec. 3. At any such meeting stockholders may vote in person or by proxy, each stockholder being entitled to one (1) vote for each share of stock held by him, and votes representing at least a majority (or such greater proportion as the articles of association or consolidation may require) of all the outstanding stock of each class shall be necessary for the approval of any such change.

Formerly: Acts 1933, c.101, s.3.
Ind. Code § 8-23-1.1-30 — Indiana Code / Title 8 / Article 23 / Chapter 1.1 / Section 8-23-1.1-30
"Municipal arterial street system"
Status: in_force

Sec. 30. "Municipal arterial street system" means a system of arterial streets and highways designated by the municipal street authority as having the greatest importance to the municipality and for which responsibility is assigned to the municipal street authority.

As added by P.L.145-2026, SEC.37.
Ind. Code § 8-1-31.7-4 — Indiana Code / Title 8 / Article 1 / Chapter 31.7 / Section 8-1-31.7-4
"Not-for-profit utility"
Status: in_force

Sec. 4. (a) As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a).

(b) The term includes a utility company that is owned, operated, or held in trust by a consolidated city.

As added by P.L.137-2020, SEC.15.
Ind. Code § 8-9.5-8-0.3 — Indiana Code / Title 8 / Article 9.5 / Chapter 8 / Section 8-9.5-8-0.3
Transfer of powers, duties, liabilities, records, and property to Indiana transportation finance authority
Status: reserved

Sec. 0.3. (a) On April 1, 1988, all powers, duties, and liabilities of the Indiana toll finance authority are transferred to the Indiana transportation finance authority, as the successor.

(b) On April 1, 1988, all records and property of the Indiana toll finance authority are transferred to the Indiana transportation finance authority, as the successor agency.

As added by P.L.220-2011, SEC.195.
Ind. Code § 8-2-17-7 — Indiana Code / Title 8 / Article 2 / Chapter 17 / Section 8-2-17-7
Violation of conditions of license
Status: in_force

Sec. 7. A person licensed to keep and maintain a ferry under this chapter who does any act in violation of the conditions of his license commits a Class C infraction.

Formerly: Acts 1921, c.137, s.7; Acts 1959, c.235, s.7. As amended by Acts 1978, P.L.2, SEC.817.
Ind. Code § 8-1-1-6 — Indiana Code / Title 8 / Article 1 / Chapter 1 / Section 8-1-1-6
Repealed
Status: repealed

Formerly: Acts 1941, c.101, s.6. Repealed by Acts 1978, P.L.6, SEC.36.
Ind. Code § 8-22-3-22 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-22
Audit of records; submission of records of account
Status: in_force

Sec. 22. (a) The state board of accounts shall audit the records of the authority and shall prescribe or approve all accounting forms and records used by the authority.

(b) In addition, the treasurer shall, if required by the board, submit his records of account as treasurer of the authority to a certified public accountant or firm of certified public accountants, as selected by the board, for audit. That person shall prepare and submit a certified account of the records of account to the board exhibiting the revenues, receipts, and disbursements and the sources from which the revenues and funds are derived and in what manner they have been disbursed.

[Pre-Local Government Recodification Citations: 19-6-2-24; 19-6-3-25; 19-6-3.5-26.]

As added by Acts 1980, P.L.8, SEC.73. Amended by Acts 1980, P.L.79, SEC.8.
Ind. Code § 8-1-31.5-18 — Indiana Code / Title 8 / Article 1 / Chapter 31.5 / Section 8-1-31.5-18
Rules or procedures to administer chapter
Status: in_force

Sec. 18. The commission shall adopt by rule under IC 4-22-2 or by order other procedures not inconsistent with this chapter that the commission finds reasonable or necessary to administer this chapter.

As added by P.L.104-2016, SEC.3.
Ind. Code § 8-15-3-9 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-9
Location of tollway; approval; powers of department
Status: in_force

Sec. 9. (a) Subject to subsection (e), the governor must approve the location of any tollway.

(b) The department may, in any combination, plan, design, develop, construct, reconstruct, maintain, repair, police, finance, and operate tollways, public improvements, and arterial streets and roads at those locations that the governor approves.

(c) The department may, in any combination, plan, design, develop, construct, reconstruct, improve, finance, operate, repair, or maintain public improvements such as roads and streets, sewer lines, water lines, and other utilities if these improvements are:

(1) adjacent or appurtenant to a tollway; or

(2) necessary or desirable for the financing, construction, operation, or maintenance of a tollway.

(d) The department may, in any combination, plan, design, develop, construct, reconstruct, improve, maintain, repair, operate, or finance the construction or reconstruction of an arterial highway or an arterial street that:

(1) is adjacent to, appurtenant to, or interchanges with a tollway; or

(2) intersects with a road or street that interchanges with a tollway.

(e) Before the governor, the department, or an operator may enter into an agreement for the financing, construction, maintenance, or operation of a toll road project, the budget committee must first review the proposed agreement.

As added by P.L.386-1987(ss), SEC.13. Amended by P.L.47-2006, SEC.23; P.L.85-2010, SEC.3; P.L.163-2011, SEC.3; P.L.119-2012, SEC.93; P.L.94-2015, SEC.2; P.L.218-2017, SEC.71.
Ind. Code § 8-4-17-5 — Indiana Code / Title 8 / Article 4 / Chapter 17 / Section 8-4-17-5
Repealed
Status: repealed

Formerly: Acts 1877(ss), c.31, s.5. Repealed by Acts 1975, P.L.81, SEC.2.
Ind. Code § 8-9.5-7-7 — Indiana Code / Title 8 / Article 9.5 / Chapter 7 / Section 8-9.5-7-7
Additional powers and duties
Status: in_force

Sec. 7. In addition to the powers and duties conferred upon it elsewhere in this chapter, the commission shall have full power and authority to do all acts necessary or reasonably incident to carrying out the purposes of this chapter including, but not in limitation thereof, the following:

(1) To sue and be sued collectively in the name of the "____________________ Automated Transit District".

(2) To adopt ordinances to protect all property owned, operated, or managed by the commission.

(3) To incur indebtedness in the name of the district in accordance with the provisions of this chapter.

(4) To adopt administrative procedures and regulations.

(5) To acquire property, real, personal or mixed by deed, purchase, lease, condemnation or otherwise and dispose of the same for automated transit purposes, and to receive gifts, donations, bequests and public trusts and to agree to conditions and terms accompanying the same and bind the district to carry them out.

(6) To determine matters of policy regarding internal organization and operating procedures not specifically provided for otherwise.

(7) To accept assistance from state or federal agencies for the purposes of this chapter.

(8) To negotiate and execute contracts required to accomplish the purposes of this chapter.

(9) To enter into agreements with any other agency of the state or any of its political subdivisions or any private company for the rendition of any services, the rental or use of any equipment or facilities or the joint purchase and use of any equipment or facilities which are deemed proper by the contracting parties for use in the operation, maintenance or construction of an automated transit system.

(10) To purchase supplies, materials and equipment to carry out the duties and functions of the commission, in accordance with procedures adopted by the commission and in accordance with the general law of the state.

(11) To employ such personnel as may be necessary for the proper carrying out of the duties, functions and powers of the commission.

(12) To sell any surplus or unneeded property in accordance with such procedure as may be prescribed by the commission.

(13) To adopt administrative regulations to carry out its powers and duties, governing the duties of its officers, employees and personnel and the internal management of the affairs of the commission.

(14) To fix the salaries or compensation of the various officers and employees of such district except where a different provision is made by this chapter.

(15) To carry out the purposes and objects of the district.

(16) To acquire land, easements and rights-of-way, and to establish, construct, improve, equip, maintain, control, lease and regulate an automated transit system within the jurisdictional limits of the district.

(17) To acquire property within the jurisdiction of the district for the purpose of establishing parking facilities for the purpose of increasing the usefulness of the automated transit system and to charge a parking fee to be established by ordinance.

(18) To provide parking facilities and services related to the provision of automated transit.

As added by Acts 1982, P.L.77, SEC.1. Amended by P.L.343-1989(ss), SEC.7.
Ind. Code § 8-1-1.1-3 — Indiana Code / Title 8 / Article 1 / Chapter 1.1 / Section 8-1-1.1-3
Consumer counselor
Status: in_force

Sec. 3. The governor shall appoint a consumer counselor, for a term of four (4) years at a salary to be fixed by the governor. The counselor shall serve at the will and pleasure of the governor. The counselor shall be a practicing attorney, and qualified by knowledge and experience to practice in utility regulatory agency proceedings. The counselor shall apply the counselor's full efforts to the duties of the office and may not engage in any occupation, practice, profession or business that would conflict with the duties of the office.

As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.27-2006, SEC.2.
Ind. Code § 8-1-2-89 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-89
Sewers and sewer systems; certificate of territorial authority; municipal or county acquisition and operation
Status: in_force

Sec. 89. (a) As used in this section, unless the context otherwise requires, the following terms have the following meanings:

(1) "Sewage disposal service" means any public utility service whereby liquid and solid waste, sewage, night soil, and industrial waste of any single territorial area is collected, treated, purified, and disposed of in a sanitary manner, and includes all sewage treatment plant or plants, main sewers, submain sewers, local and lateral sewers, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and all other equipment and appurtenances necessary or useful and convenient for the rendition of such service.

(2) "Sewage disposal company" means any natural person, firm, association, corporation, or partnership owning, leasing, or operating any sewage disposal service within the rural areas of Indiana, and all provisions of this chapter pertaining to a public utility shall apply with equal force and effect to a sewage disposal company, except insofar as said provisions may be inconsistent with specific provisions of this section.

(3) "Rural area" means territory lying within Indiana and lying outside the corporate limits of a municipality.

(4) "Certificate of territorial authority" means a certificate of convenience and necessity issued by the commission pursuant to this section, which said certificate shall be deemed an indeterminate permit, unless expressly conditioned otherwise by the commission when issued.

(5) "Notice of hearing" means notice of the time, place, and purpose of a hearing, given by publication in at least one (1) newspaper of general circulation in each of the counties in which the particular sewage disposal company operates or proposes to operate and given also in writing by United States registered mail:

(A) to each other sewage disposal company operating in territory contiguous to the territory in which the particular sewage disposal company operates or proposes to operate;

(B) to each municipality in territory contiguous and nearest to the territory in which the particular sewage disposal company operates or proposes to operate; and

(C) to such other persons or entities which the commission may from time to time require by its rules and forms;

all such notices shall be so mailed as to be received by the recipients at least ten (10) days prior to any hearing, or as otherwise required by the commission.

(b) It is hereby declared to be in the public interest to provide for the orderly development and rendering of sewage disposal service in rural areas within Indiana, and such public interest makes it necessary and desirable that to the extent provided in this section, the holding of a certificate of territorial authority should be required as a condition precedent to the rendering of such service, and that such operation be under the control, regulation, and supervision of the commission, and such sewage disposal companies shall not be subject to regulation by any municipality or county government or metropolitan regulatory body, or any branch or subdivisions of or substitutes for any municipality or county government or metropolitan regulatory body, in the form of special service districts, with the exception that said sewage disposal company shall be subject to the comprehensive plan, zoning, and subdivision requirements and regulations of the governmental units having jurisdiction in the area. However, all functions, powers, and duties of the Indiana department of health and the environmental rules board shall remain unaffected by this section.

(c) No sewage disposal company shall commence the rendering of sewage disposal service in any rural area in Indiana in which it is not actually rendering sewage disposal service, without first obtaining from the commission a certificate of territorial authority authorizing such sewage disposal service, finding that public convenience and necessity require such sewage disposal service within such rural area by such sewage disposal company, and defining and limiting specifically the rural area covered by the certificate. No sewage disposal company required to hold such a certificate under this section shall render any additional sewage disposal service within such rural area to any extent greater than that authorized by such certificate or shall continue to render sewage disposal service within such rural area if and after such certificate of territorial authority has been revoked or transferred as in this section provided, unless in such order of revocation or transfer the commission shall require continued service until a new sewage disposal company or municipality actually takes over such service. The commission shall not have the power to require extension of such service by any sewage disposal company into any additional territory than that defined and limited in such a certificate without the consent of such sewage disposal company.

(d) Whenever any sewage disposal company proposes to commence the rendering of sewage disposal service in any rural area, it shall file with the commission a verified application for a certificate of territorial authority to cover the proposed service. The commission shall by rule prescribe the form of the application and the information to be contained in the application, and such application by any such company shall conform to such prescribed form. The commission shall set the matter for hearing and notice of such hearing shall be given to the parties and in the manner defined in this section. Any city may, and upon petition to the commission shall, be made a party to any service proposal if its territorial limits lie within five (5) miles of the area to be serviced under this section.

(e) If, after notice of hearing and hearing on any application for a certificate of territorial authority, the commission shall find from the evidence introduced at such hearing, including any evidence which the commission shall have caused to be introduced as a result of any investigation which it may have made into the matter, that the applicant has proved:

(1) lawful power and authority to apply for said certificate and to operate said proposed service;

(2) financial ability to install, commence, and maintain said proposed service; and

(3) public convenience and necessity require the rendering of the proposed service in the proposed rural area by this particular sewage disposal company; however, in the event the service is proposed for a proposed rural real estate addition, division, or development, or any part thereof, the reasonably expected sewage disposal service requirements of the anticipated residents may be found to constitute such public convenience and necessity;

then the certificate of territorial authority, defining and limiting the rural area to be covered by the certificate, shall be granted to the applicant, subject to such terms, restrictions, limitations, and conditions, including but not limited to a reasonable time in which to commence operations, as the commission shall determine to be necessary and desirable in the public interest.

(f) In cases of applications filed by two (2) or more sewage disposal companies seeking the issuance of a certificate of territorial authority for the same area or areas or any conflicting portions thereof, the commission may either consider such applications separately or by consolidation of two (2) or more or all within a single hearing at its discretion and shall have the power to issue its certificate after notice of hearing and hearing to any single qualified sewage disposal company for a particular rural area, or, in the event that the commission determines and finds that two (2) or more or all applicants seeking the same area or areas or any conflicting portions thereof are both or all qualified, then the commission shall have the power to determine which is the better or best qualified, or whether the same area or areas or any conflicting portions thereof shall be divided between or among such qualified applicants. However, in no event shall such area or areas or portions thereof be greater than that for which the particular applicant applied, unless such sewage disposal company shall consent and agree in writing to such modification of its application and the issuance of such modified certificate.

(g) After the issuance of such certificate, no other sewage disposal company shall render sewage disposal service in the area or areas so determined and so defined in any certificate of territorial authority issued by the commission, except after notice of hearing and hearing, and the determination and finding by the commission that public convenience and necessity require that sewage disposal service in said same area or areas be also rendered or offered by an additional or another company, and the issuance of a certificate duly granted by the commission as provided in this section.

(h) A sewage disposal company shall be required to furnish reasonable adequate sewage disposal services and facilities for which said service and facilities it shall be entitled to charge reasonable, nondiscriminatory rates, subject to the jurisdiction of the commission for the purpose of fixing said rates to be charged to patrons of such sewage disposal company for sewage disposal service, and for such purpose the commission is given jurisdiction to proceed in the same manner and with like power as is provided by this chapter in the case of public utilities.

(i) To encourage the installation of sewage treatment plants, and sewers, mains, stations, and all other equipment and appurtenances for rendering sewage disposal service in rural areas in close proximity to municipalities, and to ensure that a sewage disposal company which had made such installation in such area can recover the cost of its investment, in the event that the area or areas or any part thereof included within the territory granted under a certificate of territorial authority shall be annexed by any municipality at any time within twelve (12) years from the date that such certificate was granted, a sewage disposal company operating under such certificate shall continue to operate under such certificate of territorial authority, subject to the exclusive jurisdiction and regulation of the commission, for the unexpired portion of such period of twelve (12) years from the date of granting such certificate, or, in the case of a determinate permit specifying a term shorter than twelve (12) years, then for the unexpired portion of such lesser period as specified by such permit from the date of granting such permit. However, the foregoing provisions in regard to continued operation within the corporate limits of a municipality after annexation shall not affect the right of the sewage disposal company to cease its operation of providing sewage disposal service within such annexed territory prior to the termination of said twelve (12) year or lesser determinate permit period, upon thirty (30) days written notice to the commission, the municipality, and all patrons.

(j) Upon approval by the commission given after notice of hearing and hearing, but not otherwise, any certificate of territorial authority may:

(1) be sold, assigned, leased, or transferred by the holder of the certificate to any sewage disposal company to which a territorial certificate might be lawfully issued; or

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

or any sewage treatment plant or plants, sewers, mains, stations, and equipment and appurtenances for the rendering of sewage disposal service or any part of any sewage treatment plant or plants, sewers, mains, stations, and equipment and appurtenances may be sold, assigned, leased, or transferred by the holder of the certificate to any municipality if these assets lie within an area which shall have been annexed by such municipality or lie within the given radius of miles from the corporate limits of such municipality into which it is authorized to render such services, if such municipality is prepared to render a comparable sewage disposal service without loss of continuity of service, and if the terms of such sale, assignment, lease, or transfer are reasonable. However, once the commission has given its approval to such transaction and the transaction itself is actually consummated, the commission shall have no control over the sewage disposal service rendered by such municipality as a municipally owned utility (as defined in this chapter).

(k) Any certificate of territorial authority may, after notice of hearing and hearing, be revoked by the commission, in whole or in part, for the failure of the holder of the certificate to furnish reasonably adequate sewage disposal service within the area or areas determined and defined in such certificate of territorial authority, or for the failure of the holder of the certificate to comply with any applicable order or rule prescribed by the commission in the exercise of its powers under this chapter, or for failure to comply with any term, condition, or limitation of such certificate of territorial authority.

(l) After the commission revokes any certificate of territorial authority under subsection (k) or after the county board of health determines the existence of a serious health problem related to the sewage disposal facility, the county commissioners of the county in which the sewage disposal facility is located may acquire the facility, subject to the approval of the acquisition by the county council, except that the county commissioners may not acquire any facility already acquired by any city or town. The county commissioners shall acquire the sewage disposal facility by:

(1) gift, grant, purchase, or condemnation that is funded in the same manner that cities and towns fund sewage treatment acquisitions under IC 36-9; or

(2) a lease arrangement that is funded in the same manner that cities and towns fund leases of sewage disposal facilities under IC 36-9.

After acquisition, the county commissioners shall repair, operate, and maintain the sewage disposal facility and charge user fees for these services.

Formerly: Acts 1913, c.76, s.97c; Acts 1957, c.313, s.2. As amended by Acts 1976, P.L.25, SEC.1; Acts 1981, P.L.11, SEC.41; P.L.143-1985, SEC.186; P.L.23-1988, SEC.27; P.L.2-1992, SEC.76; P.L.113-2014, SEC.15; P.L.136-2018, SEC.51; P.L.56-2023, SEC.49.
Ind. Code § 8-14.5-6-9 — Indiana Code / Title 8 / Article 14.5 / Chapter 6 / Section 8-14.5-6-9
Appropriated purpose of proceeds; maturities
Status: in_force

Sec. 9. The proceeds of the bonds or notes are appropriated for the purpose for which the bonds or notes may be issued and the proceeds shall be deposited and disbursed in accordance with any provisions and restrictions that the authority may provide in the resolution or trust agreement authorizing the issuance of the bonds or notes. The maturities of the bonds or notes, the rights of the owners, and the rights, duties, and obligations of the authority are governed in all respects by this article and the resolution or trust agreement.

As added by P.L.68-1988, SEC.12.
Ind. Code § 8-1-8.3-1 — Indiana Code / Title 8 / Article 1 / Chapter 8.3 / Section 8-1-8.3-1
"Commercial driver's license"
Status: in_force

Sec. 1. As used in this chapter, "commercial driver's license" has the meaning set forth in 49 CFR 383.5 as in effect July 1, 2010.

As added by P.L.42-2004, SEC.1. Amended by P.L.198-2016, SEC.59.
Ind. Code § 8-1-2-118 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-118
Public service commission; traveling expenses and per diem
Status: in_force

Sec. 118. The members of said commission, its secretary and clerk, and such other persons as it may appoint or employ, as provided in this chapter, shall be entitled to receive from the state their actual necessary traveling expenses, which shall include the cost of transportation, hotel, telegraph, and telephone bills while traveling on the business of the commission, which amount shall be paid by the treasurer of state, on warrant of the state comptroller, upon an itemized statement thereof, sworn to by the party who incurred such expense in traveling, and after the same shall have been approved by the commission.

Formerly: Acts 1913, c.76, s.127. As amended by P.L.59-1984, SEC.48; P.L.9-2024, SEC.281.
Ind. Code § 8-1-28-8 — Indiana Code / Title 8 / Article 1 / Chapter 28 / Section 8-1-28-8
Rejection of plan; modified plan; withdrawal of plan without prejudice
Status: in_force

Sec. 8. (a) If the commission finds that an environmental compliance plan submitted by a public utility does not satisfy the requirements of section 7 of this chapter, the commission may reject the plan.

(b) If the public utility's environmental compliance plan is rejected by the commission, the public utility may voluntarily submit to the commission a modified plan intended to satisfy the requirements of section 7 of this chapter.

(c) A modified plan submitted under subsection (b) shall be considered by the commission under sections 6 and 7 of this chapter.

(d) A public utility may withdraw a proposed environmental compliance plan without prejudice.

As added by P.L.76-1991, SEC.2.
Ind. Code § 8-10-1-11 — Indiana Code / Title 8 / Article 10 / Chapter 1 / Section 8-10-1-11
Eminent domain; taking or disturbing property or facilities of public utility or common carrier
Status: in_force

Sec. 11. The ports of Indiana is hereby authorized and empowered to acquire by appropriation, under the provisions of the eminent domain law of the state, any land, including lands under water and riparian rights, property, rights, rights-of-way, franchises, easements or other property necessary or proper for the construction or the efficient operation of any port or project. The ports of Indiana shall also be empowered to exercise such powers of eminent domain as may be conferred upon the ports of Indiana by an act of Congress of the United States now in force, or which may hereafter be enacted. Title to the property condemned shall be taken in the name of the state of Indiana. Nothing herein shall authorize the ports of Indiana to take or disturb property or facilities constituting all or part of any presently existing or operating public port and nothing herein shall authorize the ports of Indiana to take or disturb property or facilities belonging to any public utility or to a common carrier engaged in interstate commerce, which property or facilities are required for the proper and convenient operation of such public utility or common carrier, unless provision is made for the restoration, relocation or duplication of such property or facilities elsewhere at the sole cost of the ports of Indiana excepting however, cases in which such equipment or facilities are located within the limits of existing highways or public thoroughfares.

Formerly: Acts 1961, c.11, s.11. As amended by P.L.224-2003, SEC.211 and P.L.271-2003, SEC.11; P.L.98-2008, SEC.21.
Ind. Code § 8-15.5-2-2 — Indiana Code / Title 8 / Article 15.5 / Chapter 2 / Section 8-15.5-2-2
"Authority"
Status: in_force

Sec. 2. "Authority" refers to the Indiana finance authority.

As added by P.L.47-2006, SEC.39.
Ind. Code § 8-1.5-2-19 — Indiana Code / Title 8 / Article 1.5 / Chapter 2 / Section 8-1.5-2-19
Bonds, notes, or other obligations; issuance; approval by commission for long term bonds
Status: in_force

Sec. 19. (a) A municipality may not issue bonds, notes, or other obligations under this chapter without the approval of the commission if the bond, notes, or other obligations are payable more than twelve (12) months after their execution, except as authorized by IC 8-1-2.2-11.

(b) If the evidence presented to the commission establishes that the rates and charges proposed by the municipally owned utility will provide sufficient funds for the operation, maintenance, and depreciation of the utility, and to pay the principal and interest of the proposed bond issue, together with a surplus or margin of at least ten percent (10%) in excess, the commission shall so certify in its order approving the issuance of bonds.

As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.103-2008, SEC.5.
Ind. Code § 8-1-8.3-4 — Indiana Code / Title 8 / Article 1 / Chapter 8.3 / Section 8-1-8.3-4
"Utility service interruption emergency"
Status: in_force

Sec. 4. As used in this chapter, "utility service interruption emergency" means an outage or interruption of utility service in Indiana, including a near term threat or occurrence of a meteorological or other condition reasonably likely to result in outages or service interruption. A utility service interruption emergency:

(1) is declared to exist within the meaning of 49 CFR 390.23 when a public utility receives:

(A) notice of or a request to respond to an outage or a service interruption; or

(B) notice of the existence of conditions reasonably likely to result in an outage or a service interruption; and

(2) continues until:

(A) the necessary maintenance or repair work is completed; and

(B) personnel used to perform necessary maintenance or repair work have returned to their respective normal work routines.

As added by P.L.42-2004, SEC.1.
Ind. Code § 8-4-1-34 — Indiana Code / Title 8 / Article 4 / Chapter 1 / Section 8-4-1-34
Amendment or repeal of chapter
Status: repealed

Sec. 34. This chapter may be amended or repealed at the discretion of the legislature.

Formerly: Acts 1852, 1RS, c.83, s.37. As amended by P.L.62-1984, SEC.43.
Ind. Code § 8-2-15-7 — Indiana Code / Title 8 / Article 2 / Chapter 15 / Section 8-2-15-7
License; recordation fee
Status: in_force

Sec. 7. The auditor shall record each license; and for the issuing of a license, he shall receive from the applicant a fee of fifty cents (50 cents).

Formerly: Acts 1881(ss), c.52, s.7.
Ind. Code § 8-3-1-8 — Indiana Code / Title 8 / Article 3 / Chapter 1 / Section 8-3-1-8
Repealed
Status: repealed

Formerly: Acts 1905, c.53, s.10; Acts 1907, c.241, s.9; Acts 1911, c.225, s.1; Acts 1949, c.151, s.1; Acts 1971, P.L.86, SEC.1. As amended by P.L.384-1987(ss), SEC.17. Repealed by P.L.50-2011, SEC.5.
Ind. Code § 8-15-3-14 — Indiana Code / Title 8 / Article 15 / Chapter 3 / Section 8-15-3-14
Sale, transfer, or conveyance of property
Status: in_force

Sec. 14. The department may sell, transfer, and convey any real property, any interest in real property, or any part of real property (whether acquired by purchase, condemnation, or otherwise, and whether the land or interest had been public or private) when it is no longer needed for purposes of this chapter.

As added by P.L.386-1987(ss), SEC.13.
Ind. Code § 8-1-8.2-3 — Indiana Code / Title 8 / Article 1 / Chapter 8.2 / Section 8-1-8.2-3
"Local authority"
Status: in_force

Sec. 3. As used in this chapter, "local authority" has the meaning set forth in IC 36-7-4-1109.

As added by P.L.202-2025, SEC.1.
Ind. Code § 8-15.7-2-9 — Indiana Code / Title 8 / Article 15.7 / Chapter 2 / Section 8-15.7-2-9
"Offeror"
Status: in_force

Sec. 9. "Offeror" means a private entity that has submitted a qualification submittal or a proposal for a public-private agreement under this article.

As added by P.L.47-2006, SEC.40.
Ind. Code § 8-1-46.1-15 — Indiana Code / Title 8 / Article 1 / Chapter 46.1 / Section 8-1-46.1-15
Additional sewer rates or surcharges imposed by a regulating authority
Status: in_force

Sec. 15. (a) A regulating authority charging additional sewer rates or surcharges shall only charge the just and reasonable costs to operate a FOG program.

(b) The regulating authority shall design the costs charged under subsection (a) in a manner such that all costs required to operate a FOG program are covered by the rate or surcharge paid by the regulated entity.

As added by P.L.95-2026, SEC.1.
Ind. Code § 8-16-1-4 — Indiana Code / Title 8 / Article 16 / Chapter 1 / Section 8-16-1-4
Studies regarding interstate bridges
Status: in_force

Sec. 4. (a) Subject to IC 8-9.5-8-5, the authority is authorized to inquire into the necessity and existing need for the construction, or acquisition by purchase or otherwise or by condemnation, of any interstate bridge between the state of Indiana and any adjoining state over any stream which forms the boundary between the state of Indiana and any such state; or the enlargement, extension of, or improvement of such bridge. For the purpose of such inquiry, the authority may employ engineers, construction experts, and inspectors and fix their compensation.

(b) The authority may cause to be made by competent engineers traffic estimates and reports and pay therefor such compensation as may have been fixed by contract or agreement.

(c) The authority:

(1) shall view and examine the site of any bridge proposed to be built;

(2) shall view and examine any bridge proposed to be acquired under authority of this chapter; and

(3) may subpoena witnesses and hear evidence under oath upon any question necessary in the determination of the question of whether the acquisition or condemnation of such bridge already constructed or the construction of any bridge proposed to be built is necessary in the public interest.

(d) All expenses incurred under this section shall be paid solely from funds provided under the authority of this chapter.

Formerly: Acts 1939, c.79, s.4; Acts 1941, c.217, s.2. As amended by Acts 1980, P.L.74, SEC.262; P.L.109-1983, SEC.33.
Ind. Code § 8-21-10-6 — Indiana Code / Title 8 / Article 21 / Chapter 10 / Section 8-21-10-6
Investigation of permit application
Status: in_force

Sec. 6. (a) Upon receiving an application for a permit, the department shall make such investigation as may be necessary to properly process the application under this chapter. The investigation shall be conducted so as to determine, in the opinion of the department, if the proposed structure erected in the proposed location would have a substantial adverse effect upon the safe and efficient use of the navigable airspace and would be a hazard to air navigation if constructed. The department may take into consideration findings and recommendations of other governmental agencies or interested persons concerning the proposed structure; however, such findings or recommendations are not binding on the department. Further, the requirements of this chapter do not supersede any other law.

(b) The department must consider an application for a permit for a period of sixty (60) days before making a final determination on the permit if:

(1) a public use airport is located within a five (5) nautical mile radius surrounding the structure, regardless of county lines; and

(2) the structure that is the subject of the permit is:

(A) a new structure; or

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

As added by P.L.117-1983, SEC.1. Amended by P.L.54-2002, SEC.3; P.L.42-2011, SEC.21.
Ind. Code § 8-22-3-18.1 — Indiana Code / Title 8 / Article 22 / Chapter 3 / Section 8-22-3-18.1
Capital improvements; revenue bond issues and related matters
Status: in_force

Sec. 18.1. (a) The board may:

(1) finance capital improvements, including the acquisition of real estate;

(2) refund any bonds; or

(3) pay any loan contract;

by borrowing money and issuing revenue bonds from time to time under this section.

(b) The issuance of revenue bonds must be authorized by ordinance of the board in at least one (1) series, may bear a date or dates, may mature at a time or times not exceeding forty (40) years from their respective dates, may bear interest, may be in a denomination or denominations, may be in a form, either coupon or registered, may carry registration and conversion privileges, may be executed in a manner, may be payable in a medium of payment and at a place or places, may be subject to terms of redemption, with or without a premium, may be declared or become due before the maturity date, may provide for the replacement of mutilated, destroyed, stolen, or lost bonds, may be authenticated in a manner and upon compliance with conditions, and may contain other terms and covenants that the ordinance of the board provides. Notwithstanding the form or tenor of the bonds, and in the absence of express recitals on their faces that the bonds are nonnegotiable, the bonds are negotiable instruments.

(c) The issuance of revenue bonds must be approved as follows:

(1) When the authority is established by an eligible entity, by the entity's executive.

(2) When the authority is established by at least two (2) eligible entities acting jointly, by the executive of each of those entities.

(3) When the authority was established under IC 19-6-2 (before its repeal on April 1, 1980), by the executive of the consolidated city.

(4) When the authority was established under IC 19-6-3 (before its repeal on April 1, 1980), by the county fiscal body.

For purposes of this subsection, the entire legislative body of a town is considered the executive of the town.

(d) The bonds must be executed in the name of the authority by the president of the board and attested by the secretary, and interest coupons may be executed by placing on the interest coupons the facsimile signature of the president of the board. The bonds are valid and binding obligations of the authority for all purposes, notwithstanding that before delivery of the bonds any of the persons whose signatures appear on the bonds have ceased to be officers of the entity or authority, as if the persons had continued to be officers of the entity and authority until after delivery. The validity of the authorization and issuance of the bonds is not dependent on or affected in any way by proceedings taken for the improvement for which the bonds are to be issued, or by contracts made in connection with the improvement. An ordinance authorizing revenue bonds must provide that a revenue bond contain a recital that the bond is issued under this chapter, and a bond containing the recital under authority of an ordinance is considered valid and issued in conformity with this chapter.

(e) At the discretion of the board, the revenue bonds shall be sold either under the procedures for selling public bonds or at a negotiated sale. The bonds may be sold in installments at different times, or an entire issue or series may be sold or exchanged at one (1) time. Any issue or series of the bond may be sold in part or sold in part in installments at different times or at one (1) time.

(f) The bonds are special obligations of the authority and are payable solely from and secured by a lien upon the revenues of all or part of the facilities of the authority, as shall be more fully described in the ordinance of the board authorizing the issuance of the bonds, and, subject to the Constitution and to the prior or superior rights of any person, the board may by ordinance pledge and assign for the security of the bonds all or part of the gross or net revenues of the enterprise.

(g) All bonds of the same issue shall be equally and ratably secured, without priority by reason of number, date of bonds, of sale, of execution, or of delivery, by a lien upon the revenues in accordance with this section and the ordinance authorizing the issuance of the bonds.

(h) This chapter does not alter the rights granted to or the agreements made with the holders of any notes, bonds, or other obligations of the board outstanding on April 1, 1980.

(i) The bonds, and interest on the bonds, are not a debt of the authority or the board, nor a charge, a lien, or an encumbrance, legal or equitable, upon property of the board, or upon income, receipts, or revenues of the board other than those revenues of the facilities that have been pledged to the payment of the bonds. Every bond must recite in substance that the bond, including interest, is payable solely from the revenues pledged to the bond's payment, and that the board is under no obligation to pay the bond, except from those revenues.

(j) The bonds and the income from the bonds are exempt from taxation, except the financial institutions tax imposed under IC 6-5.5.

(k) In order that the payment of the revenue bonds and the interest on the bonds be adequately secured, the board and its officers, agents, and employees shall:

(1) pay or cause to be paid punctually the principal of every bond, and the interest on every bond, on the date or dates and at the place or places and in the manner and out of the funds mentioned in the bonds and in the attached coupons, in accordance with the ordinance authorizing their issuance;

(2) operate the facilities of the authority, the revenues of which are pledged to the bonds, in an efficient and economical manner and establish, levy, maintain, and collect fees, tolls, rentals, rates, and other charges that may be necessary or proper, which must be at least sufficient after making due and reasonable allowance for contingencies and for a margin of error in the estimates:

(A) to pay all current expenses of operation, maintenance, and repair of the facilities;

(B) to pay the interest on and principal of the bonds as the bonds become due and payable;

(C) to comply in all respects with the terms of the ordinance authorizing the issuance of bonds or any other contract or agreement with the holders of the bonds; and

(D) to meet any other obligations of the board that are charges, liens, or encumbrances upon the revenues of the facilities;

(3) operate and maintain the facilities and every part of the facilities in good working order and condition;

(4) preserve the security of the bonds and the rights of the holders, and warrant and defend the rights against all claims and demands of all persons;

(5) pay the lawful claims for labor, materials, and supplies, which, if unpaid, might by law become a lien or charge upon the revenues or part of the revenues, superior to the lien of the bonds, or that might impair the security of the bonds, to the end that the priority and security of the bonds be fully preserved;

(6) hold in trust the revenues pledged to the payment of the bonds for the benefit of the holders of the bonds and apply the revenues only as provided by the ordinance authorizing the issuance of the bonds or, if the ordinance is modified, as provided in the ordinance as modified; and

(7) keep proper books of record and accounts of the facilities (separate from all other records and accounts) in which complete and correct entries are made of all transactions relating to the facilities or part of the facilities, the revenues of which are pledged and that, together with all other books and papers of the board, are at all times subject to the inspection of the holder or holders of not less than ten percent (10%) of the bonds then outstanding or the holder's or the holders' representative duly authorized in writing.

None of the duties in this subsection require the expenditure in any manner or for any purpose by the board of any funds other than revenues received or receivable from the enterprise or facilities.

(l) The board may insert provisions in an ordinance or a resolution authorizing the issuance of revenue bonds, which becomes a part of the contract with the holders of the revenue bonds, as to:

(1) limitations on the purpose to which the proceeds of sale of any issue of revenue bonds, or any notes, bonds, or other obligations payable from the revenues to finance the improving of the facilities may be applied;

(2) limitations on the issuance of additional bonds, or additional notes, bonds, or other obligations to finance the improving of the facilities, including liens;

(3) limitations on the right of the board to restrict and regulate the use of the facilities;

(4) the amount and kind of insurance to be maintained on the facilities and the use and disposition of insurance money;

(5) pledging all or part of the revenues of the facilities to which the board's right exists;

(6) covenanting against pledging all or part of the revenues of the facilities to which its right exists;

(7) events of default and terms and conditions upon which the bonds become or may be declared due before maturity and as to the terms and conditions upon which declaration and its consequences may be waived;

(8) the rights, liabilities, powers, and duties arising upon the breach by it of any covenants, conditions, or obligations;

(9) the vesting in a trust or trustees the right to enforce covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of the trustee or trustees, and the limitation of liabilities, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of the holders of the bonds may enforce any covenants made or duties imposed under this chapter;

(10) a procedure by which the terms of an ordinance authorizing revenue bonds, or any other contract with bondholders, such as an indenture of trust or similar instrument, may be amended or abrogated and as to the amount of bonds, the holders of which must consent to them and the manner in which such consent may be given;

(11) the execution of all instruments necessary or convenient in the exercise of the powers granted by this chapter or in the performance of the duties of the board and the officers, agents, and employees of them;

(12) refraining from pledging, claiming, or taking the benefit or advantage of any stay or extension law whenever enacted, which may affect the duties or covenants of the board in relation to the bonds, or the performance or the lien of the bonds;

(13) the purchase out of funds available, including the proceeds of revenue bonds, of outstanding notes, bonds, or obligations and the price or prices at which and the manner in which purchases may be made; and

(14) other acts and things that may be necessary, convenient, or desirable in order to secure the bonds, or that may tend to make the bonds more marketable.

This section does not authorize the board to make covenants, to perform an act, or to do anything that requires the expenditure by the board of funds other than revenues received or receivable from the facilities.

(m) In the event that the board defaults in the payment of the principal or interest on any of the revenue bonds after the bonds become due, whether at maturity or upon call for redemption, and the default continues for a period of thirty (30) days, or in the event that the board or the board's officers, agents, or employees fail or refuse to comply with this chapter or default in an agreement made with the holders of the bonds, any holder or holders of revenue bonds, or a trustee for the holder or holders of the bonds, has the right to apply in an appropriate judicial proceeding to the circuit or superior court of the county in which the district is situated, in which the facilities are located, or in any court of competent jurisdiction, for the appointment of a receiver of the facilities, whether or not the holder, holders, or trustee is seeking or has sought to enforce any other right or to exercise any remedy in connection with the bonds. Upon application, the circuit or superior court may appoint, and if the application is made by the holders of twenty-five percent (25%) in principal amount of the bonds then outstanding or by a trustee for holders of the bonds in that amount shall appoint, a receiver for the enterprise.

(n) The receiver appointed shall, directly or by the receiver's agents and attorneys, enter into and upon and take possession of the facilities, the revenues of which are pledged, and every part of the facilities, and may exclude the board, the board's officers, agents, and employees, and all persons claiming under them. The receiver may have, hold, use, operate, manage, and control the facilities in the name of the board or otherwise, as the receiver considers best, and may exercise all rights and powers of the board with respect to the facilities as the board itself might do. The receiver shall maintain, restore, and insure the facilities, shall make all necessary repairs, shall establish, levy, maintain, and collect fees, tolls, rentals, and other charges in connection with the facilities that the receiver considers necessary or proper and reasonable, and shall collect and receive all revenues, deposit the revenues in a separate account, and apply the revenues in the manner that the court directs.

(o) Whenever all that is due upon the revenue bonds and interest on the bonds, and upon other notes, bonds, or other obligations, and interest on the notes, bonds, or obligations, having a charge, lien, or encumbrance on the revenues of the facilities and under the terms of covenants or agreements with bondholders has been paid or deposited, and all defaults have been cured and made good, the court may in its discretion, and after notice and hearing that the court considers reasonable and proper, direct the receiver to surrender possession of the facilities to the board, with the right of the holders of the bonds to secure the appointment of a receiver upon subsequent default remaining in force.

(p) The receiver shall act under the direction and supervision of the court making the appointment and is at all times subject to the orders and decrees of the court, including possible removal. Nothing contained in this section limits or restricts the jurisdiction of the court to enter other or further orders and decrees as the court considers necessary or appropriate for the exercise by the receiver of functions specifically set forth.

(q) Subject to contractual limitations binding upon the holders or a trustee of an issue of revenue bonds, including but not limited to the restrictions of the exercise of a remedy to a specified proportion or percentage of the holders, a holder or trustee of the bonds may, for the equal benefit and protection of all holders of revenue bonds similarly situated:

(1) by mandamus or other suit, action, or proceeding at law or in equity enforce rights against the board and any of the board's officers, agents, and employees and require and compel the board or the board's officers, agents, or employees to perform and carry out duties and obligations under this chapter and covenant agreements with bondholders;

(2) by action or suit in equity require the board to account as if the board were the trustee of an express trust;

(3) by action or suit in equity enjoin any acts or things that may be unlawful or in violation of the rights of the bondholders; or

(4) bring suit upon the bonds.

No remedy conferred by this chapter upon a holder or trustee of revenue bonds is intended to be exclusive of any other remedy, but each remedy is in addition to every other remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law. No waiver of a default or breach of duty or contract, whether by a holder or trustee of revenue bonds extends to or affects a subsequent default or breach of duty or contract or impairs any rights or remedies on them. No delay or omission of a bondholder or trustee extends to or affects a subsequent default or breach of duty or contract or impairs any rights or remedies. No delay or omission of a bondholder or trustee to exercise a right or power accruing upon default impairs the right or power or may be construed to be a waiver of the default or acquiescence in it. Every substantive right and every remedy conferred upon the holders of revenue bonds may be enforced and exercised from time to time and as often as is expedient. In case any suit, action, or proceeding to enforce a right or exercise a remedy is brought or taken and then discontinued or abandoned, or is determined adversely to the holder or trustee of the revenue bonds, then the board and the holder or trustee shall be restored to their former positions and rights and remedies as if no suit, action, or proceeding had been brought or taken.

(r) Refunding or refunding and improvement revenue bonds may be issued in accordance with the provisions for the refinancing or refinancing and improving of any of the facilities for which revenue bonds or a loan contract have been issued or made under this section or section 19 of this chapter.

(s) This section constitutes full authority for the issuance of revenue bonds. No procedure, proceedings, publications, notices, consents, approvals, orders, acts, or things by the board, by a board, an officer, a commission, a department, an agency, or an instrumentality of the state, or by an eligible entity is required to issue revenue bonds or to do any act or perform anything under this chapter, except as presented by this chapter. The powers conferred by this chapter are in addition to, and not in substitution for, and the limitations imposed by this section do not affect the powers conferred in another section of this chapter or by any other statute.

As added by P.L.1-1991, SEC.81. Amended by P.L.254-1997(ss), SEC.17; P.L.79-2017, SEC.58.
Ind. Code § 8-2.1-17-4 — Indiana Code / Title 8 / Article 2.1 / Chapter 17 / Section 8-2.1-17-4
"Common carrier"
Status: in_force

Sec. 4. "Common carrier" means a person that is regulated as a common carrier under this article.

As added by P.L.99-1989, SEC.8.
Ind. Code § 8-1-2-23 — Indiana Code / Title 8 / Article 1 / Chapter 2 / Section 8-1-2-23
Construction accounts; additions or extension; approval by commission
Status: in_force

Sec. 23. The commission shall keep itself informed of all new construction, extensions and additions to the property of such public utility and shall prescribe the necessary forms, regulations and instructions to the officers and employees of such public utility for the keeping of construction accounts which shall clearly distinguish all operating expenses and new construction. Unless a public utility shall obtain the approval by the commission of any expenditure exceeding ten thousand dollars ($10,000) for an extension, construction, addition or improvement of its plant and equipment, the commission shall not, in any proceeding involving the rates of such utility, consider the property acquired by such expenditures as a part of the rate base, unless in such proceeding the utility shall show that such property is in fact used and useful in the public service; Provided, That the commission in its discretion may authorize the expenditure for such purpose of a less amount than shown in such estimate.

Formerly: Acts 1913, c.76, s.26; Acts 1933, c.190, s.5.
Ind. Code § 8-25-7-7 — Indiana Code / Title 8 / Article 25 / Chapter 7 / Section 8-25-7-7
Official action of foundation board by majority vote
Status: in_force

Sec. 7. The affirmative votes of a majority of the members of the board of directors are required for the foundation to take any official action.

As added by P.L.153-2014, SEC.17.
Ind. Code § 8-1-47-6 — Indiana Code / Title 8 / Article 1 / Chapter 47 / Section 8-1-47-6
Program funding; allocation from electricity supplier's revenues; third party contributions
Status: in_force

Sec. 6. Beginning in 2027, not later than March 1 of each year, an electricity supplier shall fund the electricity supplier's low income customer assistance program in an amount equal to:

(1) at least two-tenths percent (0.2%) of the electricity supplier's jurisdictional revenues for residential customers; plus

(2) any contributions from:

(A) governmental agencies or programs; or

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

As added by P.L.36-2026, SEC.11.