reglab/housing_qa huggingface dataset:
IN Code § 8-1-2-86 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-86. Second Utility Serving Same Area; Declaration of Public Convenience and Necessity

Sec. 86. (a) No license, permit, or franchise shall be granted to any person, copartnership, or corporation to own, operate, manage, or control any plant or equipment of any public utility in any municipality where there is in operation a public utility engaged in similar service under a license, franchise, or permit without first securing from the commission a declaration, after a public hearing, of all parties interested, that public convenience and necessity require such second public utility; provided, that any municipality may purchase, condemn, and operate, or construct and operate, a utility in such municipality for the purpose of transportation, production, transmission, delivery, sale, and furnishing of heat, light, water, and/or power to such municipality, and/or the public in and within six (6) miles of the limits of such municipality, without the consent of said commission, although there is operating in said municipality a public utility engaged in a similar service under a license, franchise, or indeterminate permit.(b) Any permit, license, or franchise in existence on May 1, 1913, which shall contain any term whatsoever interfering with the existence of a second public utility is hereby declared to be against public policy and is hereby amended in such manner as to permit a municipality to grant a license, franchise, or permit for the operation of such second public utility pursuant to the provisions of this chapter.Formerly: Acts 1913, c.76, s.97; Acts 1933, c.190, s.9. As amended by P.L.59-1984, SEC.38.
IN Code § 8-1-2-87.6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-87.6. Exemption of Indiana Produced Natural Gas; Petition and Hearing on Rates for Purchase or Transport

Sec. 87.6. (a) Except as provided in this section, the production, gathering, sale, or transportation of Indiana produced natural gas is exempt from this chapter.(b) Any person, corporation, or other entity engaged in the production, gathering, sale, or transportation of natural gas produced in Indiana may petition the commission to:(1) require a gas utility certified under section 86 or 87 of this chapter to purchase or transport Indiana produced natural gas owned by the petitioning entity; and(2) set the rates for the purchase or transportation of that gas.(c) Upon receiving a petition under subsection (b), the commission may order the gas utility to transport or purchase the gas, and shall conduct a public hearing to set the purchase or transportation rates. The commission may only require the purchase or transportation of Indiana produced natural gas that:(1) is of pipeline quality and reliability; and(2) is to be delivered to a facility of the transporting or purchasing local distribution company that has adequate capacity to accept and transport the volume of gas involved.The commission shall provide notice of the hearing in accordance with IC 8-1-1-8. The commission shall prescribe the form of the petition, the procedures for the hearing, and the parties to whom notice is to be sent.(d) If the sale of Indiana produced natural gas to an end use consumer for consumption in the franchise territory of a gas utility with less than five thousand (5,000) customers detrimentally affects the other end use consumers in the utility's franchise territory, the utility may petition the commission to require the seller to instead sell the gas to that utility at a rate and under terms and conditions set by the commission.(e) Any interested party may appear at a hearing conducted under subsections (c) and (d) either in person or by attorney and offer evidence in support of or in opposition to the petition. The commission may conduct an investigation and introduce any evidence obtained as a result of the investigation at the hearing.(f) The commission may adopt rules under IC 4-22-2 to implement this section.As added by P.L.81-1986, SEC.1.
IN Code § 8-1-2-87.7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-87.7. Gas Utilities; Tariffs; Reasonableness Factors

Sec. 87.7. (a) The commission may, on its own motion or upon petition of any customer, and after appropriate notice and hearing, order any gas utility subject to its jurisdiction to file or change one (1) or more gas transportation tariffs to better meet the needs of the utility's customers.(b) The commission shall determine and set reasonable rates, terms, and conditions in the tariffs. In determining what is reasonable, the commission may consider the following:(1) The cost of providing the transportation service according to generally accepted cost of service principles.(2) The effects of the service on the consumers to whom it would be available.(3) The effects of the service on the industrial development of the state.(4) The effects of the transportation rate upon current customers of the utility.(5) The extent to which a transportation rate will aid the utility in retaining its existing load or create opportunities to lower the cost of gas supplies purchased on behalf of all ratepayers.(6) Whether or not the proposed tariff is a negotiated tariff between the utility and its customers.(7) The extent to which the availability of transportation services under the proposed tariff is restricted.(8) Any other factors bearing upon the tariff resulting from decisions of the Federal Energy Regulatory Commission, other rulings of the commission, or applicable case law.(9) The effect of contract obligations on the utility relating to unavoidable gas costs for which the utility will be responsible.(10) Whether or not the amount of transportation offered under the proposed tariff is limited other than for reasons necessitated by operational constraints.(11) Any other factors the commission considers appropriate.As added by P.L.117-1987, SEC.1.
IN Code § 8-1-2-88.6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-88.6. Access Charges for Interconnection to Local Exchange Facilities

Sec. 88.6. (a) As used in this section, "telephone company" means any individual, firm, partnership, cooperative organization, unincorporated association, or corporation engaged in the business of furnishing telecommunications service.(b) Access charges paid by an interexchange carrier for interconnection to local exchange facilities must be reasonable as determined by the commission. A local exchange provider may not make or grant any undue preference or advantage concerning its pricing and provision of access to any telephone company providing interexchange telecommunications service.As added by P.L.81-1988, SEC.1.
IN Code § 8-1-2-88.7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-88.7. Telephone Companies That Are Rea Borrowers; Rates Sufficient to Repay Financial Assistance

Sec. 88.7. (a) As used in this section, "financial assistance" means:(1) a loan or loan guarantee; or(2) a lien accommodation provided to secure a loan made by another lender;that is made by the Rural Electrification Administration of the United States Department of Agriculture (REA) or by the Rural Telephone Bank.(b) As used in this section, "REA borrower" means a telephone company subject to this chapter that is the recipient of financial assistance.(c) An REA borrower shall charge rates sufficient to enable the REA borrower to:(1) satisfy its reasonable expenses and obligations; and(2) earn a rate of return on the property sufficient to cover the REA borrower's cost of capital, including any financial assistance and the interest thereon.(d) So long as there remains any unpaid portion of any financial assistance associated with the property of an REA borrower, the rates of the REA borrower shall be set at a level sufficient to repay the financial assistance regardless of any change in the status of the property, including the full or partial retirement of the property or any other change in the status of the property.As added by P.L.74-1991, SEC.1. Amended by P.L.27-2006, SEC.5.
IN Code § 8-1-2-91 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-91. Grant of Licenses, Permits, or Franchises; State Corporations or Citizens

Sec. 91. No license, permit or franchise to own, operate, manage or control any plant or equipment of any public utility shall be hereafter granted or transferred except to a corporation duly organized under the laws of the state of Indiana or to a citizen of such state.Formerly: Acts 1913, c.76, s.99.
IN Code § 8-1-2-92 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-92. Indeterminate Licenses, Permits, or Franchises; Purchase or Condemnation by Municipality

Sec. 92. (a) Every license, permit, or franchise granted after April 30, 1913, to any public utility shall have the effect of an indeterminate permit subject to the provisions of this chapter, and subject to the provisions that:(1) the license, franchise, or permit may be revoked by the commission for cause; or(2) except as provided in IC 8-1-30-6, the municipality may purchase or condemn the property as provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable.A municipality that is authorized to purchase property and a public utility that is required to sell the property under subdivision (2) shall do so at the value and according to the terms and conditions as provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable.(b) If this chapter should be repealed or annulled, then all such indeterminate franchises, permits, or grants shall cease and become inoperative, and in place thereof such utility shall be reinstated in the possession and enjoyment of the license, permit, or franchise surrendered by such utility at the time of the issue of the indeterminate franchise, permit, or grant; but in no event shall such reinstated license, permit, or franchise be terminated within a less period than five (5) years from the date of the repeal or annulment of this chapter.Formerly: Acts 1913, c.76, s.100; Acts 1933, c.190, s.11. As amended by P.L.59-1984, SEC.40; P.L.172-2009, SEC.1; P.L.270-2013, SEC.1.
IN Code § 8-1-2-93 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-93. Acceptance of Indeterminate Licenses, Permits, or Franchises; Effect

Sec. 93. (a) This section does not apply to a public utility that provides water or sewer utility service unless:(1) the commission makes a finding under IC 8-1-30-4; and(2) the procedures and requirements of IC 8-1-30 have been complied with and satisfied.(b) Notwithstanding subsection (a), this section does apply to the following:(1) A public utility to the extent that the public utility provides water or sewer utility service in or contiguous to a municipality that, as of July 1, 2012, had established and operated a water utility.(2) An action brought under:(A) section 92 of this chapter;(B) this section; or(C) IC 8-1.5-2;before March 1, 2013.(c) Any public utility accepting or operating under any indeterminate license, permit, or franchise granted after April 30, 1913, shall by acceptance of any such indeterminate license, permit, or franchise be deemed to have consented to a future purchase or condemnation of its property including property located in contiguous territory within six (6) miles of the corporate limits of such municipality by the municipality in which such utility is located, at the value and under the terms and conditions as provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable, and shall thereby be deemed to have waived the right of requiring the necessity of such taking to be established by the judgment of a court, and to have waived all other remedies and rights relative to condemnation, except such rights and remedies as are provided in IC 8-1.5-2, IC 36-9-23, or IC 36-9-25, as applicable, and shall have been deemed to have consented to the revocation of its license, permit, or franchise by the commission for cause.Formerly: Acts 1913, c.76, s.102; Acts 1933, c.190, s.12. As amended by P.L.59-1984, SEC.41; P.L.172-2009, SEC.2; P.L.270-2013, SEC.2.
IN Code § 8-1-2-95.1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-95.1. Electric Utilities; Eminent Domain Against Electric Utility Property Prohibited

Sec. 95.1. Notwithstanding any other provision of this chapter, after February 29, 1980, a municipality, public utility, or corporation organized under IC 8-1-13 may not bring any action in the circuit or superior court of any county against any corporation organized under IC 8-1-13 or any public utility as defendant for the condemnation of its electric utility property for the use of the property in providing electric utility service.As added by Acts 1980, P.L.69, SEC.2.
IN Code § 8-1-2-101.2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-101.2. Municipal Council or County Executive Prohibited From Regulating Utility Service Based on Energy Source Used

Sec. 101.2. (a) The following definitions apply throughout this section:(1) "Energy source" means:(A) the method of generation; or(B) the fuel source;used to provide or supply utility service to a customer. The term includes any energy source used to provide utility service, including a clean energy resource (as defined in IC 8-1-37-4).(2) "Executive" has the meaning set forth in IC 36-1-2-5.(3) "Municipal council" has the meaning set forth in section 1(b) of this chapter.(4) "Utility service" means any service provided by a liquid petroleum gas company, a public utility, or a department of public utilities relating to:(A) the generation, production, transmission, or distribution of electricity or thermal energy to or for the public, for compensation; or(B) the production, manufacture, storage, transportation, distribution, sale, or furnishing of:(i) natural gas;(ii) artificial or manufactured gas; or(iii) a mixture of natural gas and artificial or manufactured gas;to or for the public, for compensation;for heat, light, power, or other uses.(b) A municipal council or county executive does not have the power to enact any code, ordinance, or land use regulation that would prohibit or have the effect of prohibiting, or to otherwise regulate in a manner that would prohibit or have the effect of prohibiting:(1) a liquid petroleum gas company, a public utility, or a department of public utilities from furnishing utility service to a utility customer; or(2) a customer of a liquid petroleum gas company, a public utility, or a department of public utilities from:(A) purchasing;(B) using; or(C) connecting or reconnecting to;a utility service;based on the energy source of the utility service.(c) This section does not prohibit a liquid petroleum gas company, a public utility, or a department of public utilities from disconnecting utility service to a customer in accordance with the company's, utility's, or department's approved terms and conditions for service, including when an imminent danger to public safety exists.As added by P.L.180-2021, SEC.1.
IN Code § 8-1-2-101.5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-101.5. Compliance by Municipal Water or Wastewater Utility With Indiana Utility Regulatory Commission Rules Regarding Main Extensions; Dispute Resolution

Sec. 101.5. (a) This section applies to:(1) a water main extension;(2) a wastewater main extension; or(3) an agreement that:(A) is for a water main extension or a wastewater main extension; and(B) is entered into after June 30, 2020, by a utility and the person requesting the extension.(b) As used in this section, "utility" means a municipally owned utility (as defined in IC 8-1-2-1(h)) that provides water service or wastewater service, or both, to the public.(c) With respect to any water main extension or wastewater main extension, a utility shall comply with the commission's rules governing water main extensions or wastewater main extensions, as applicable, including:(1) 170 IAC 6-1.5, in the case of a water main extension; or(2) 170 IAC 8.5-4, in the case of a wastewater main extension;as may be amended by the commission, regardless of whether the utility is subject to the jurisdiction of the commission for the approval of rates and charges. However, a utility is not required to comply with any provisions in the commission's main extension rules that require reporting to the commission.(d) Disputes arising under this section may be submitted as informal complaints to the commission's consumer affairs division, in accordance with IC 8-1-2-34.5(b) and the commission's rules under 170 IAC 16, including provisions for referrals and appeals to the full commission, regardless of whether the person requesting the extension is a customer of the utility.(e) The commission shall adopt by:(1) order; or(2) rule under IC 4-22-2;other procedures not inconsistent with this section that the commission determines to be reasonable or necessary to administer this section. In adopting the rules under this section, the commission may adopt emergency rules in the manner provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the commission under this subsection and in the manner provided by IC 4-22-2-37.1 expires on the date on which a rule that supersedes the emergency rule is adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.(f) If the commission determines that it requires additional staff to handle the volume of informal complaints submitted under this section, the commission may impose a fee under this section. Any fee charged by the commission under this section may:(1) not exceed:(A) the commission's actual costs in administering this section; or(B) seven hundred fifty dollars ($750);whichever is less; and(2) be assessed against the party against whom a decision is rendered under this section.As added by P.L.160-2020, SEC.4.
IN Code § 8-1-2-102 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-102. Political Influence or Activities; Free or Reduced Rates or Charges for Products or Services; Violations; Offense

Sec. 102. (a) The definitions set forth in IC 3-5-2 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.
IN Code § 8-1-2-104 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-104. Rates and Charges; Undercharges by Furnishing Facilities to Utility Prohibited; Exception

Sec. 104. It shall be unlawful for any public utility or any municipally-owned utility to demand, charge, collect or receive from any person, firm, limited liability company, or corporation, less compensation for any service rendered or to be rendered by said public or municipally-owned utility in consideration of the furnishing by said person, firm, limited liability company, or corporation of any part of the facilities incident thereto. However, nothing in this section shall be construed as prohibiting any such public utility or municipally-owned utility from renting any facilities incident to its business.Formerly: Acts 1913, c.76, s.113; Acts 1933, c.190, s.20. As amended by P.L.8-1993, SEC.114; P.L.136-2018, SEC.53.
IN Code § 8-1-2-105 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-105. Rates and Charges; Discrimination; Penalty; Exceptions

Sec. 105. (a) No public utility may make or give any undue or unreasonable preference or advantage to any person, or subject any person to any undue or unreasonable prejudice or disadvantage in any respect. A person who violates this section commits a Class B infraction.(b) Nothing in this chapter shall prevent any public utility from furnishing service free or at reduced rates to any of its employees and officers or retired employees and officers or from providing energy assistance to a heating assistance program administered under IC 4-4-33 to persons eligible for that assistance.Formerly: Acts 1913, c.76, s.114; Acts 1917, c.161, s.1; Acts 1967, c.2, s.1. As amended by Acts 1978, P.L.2, SEC.804; Acts 1979, P.L.18, SEC.3; P.L.384-1987(ss), SEC.7; P.L.3-1989, SEC.50; P.L.2-1992, SEC.77; P.L.181-2006, SEC.47.
IN Code § 8-1-2-106 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2. Utility Regulation|8-1-2-106. Rates and Charges; Undercharges by Rebates or Concessions Prohibited; Offense

Sec. 106. It is a Class B infraction for a person knowingly to solicit, accept, or receive any rebate, concession, or discrimination in respect to any service in or affecting or relating to any public utility or for any service in connection with any service in or affecting or relating to any public utility, whereby any such service is rendered free or at a less rate than that named in the published schedules and tariffs in force as provided in this chapter, or whereby any service or advantage is received other than is specified in this chapter.Formerly: Acts 1913, c.76, s.115. As amended by Acts 1978, P.L.2, SEC.805; P.L.136-2018, SEC.54.