reglab/housing_qa huggingface dataset:
IN Code § 8-1-31.6-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-2. "Customer Lead Service Line Improvement"

Sec. 2. As used in this chapter, "customer lead service line improvement" means an expenditure that is:(1) related to:(A) a lead service line; or(B) a galvanized steel service line;owned by a customer of a water utility;(2) made by a water utility; and(3) related to a water utility's plan to replace lead service lines within or connected to the water utility's system, including lines owned by the customer and lines owned by the water utility.As added by P.L.91-2017, SEC.8. Amended by P.L.15-2019, SEC.8.
IN Code § 8-1-31.6-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-3. "Eligible Infrastructure Improvements"

Sec. 3. As used in this chapter, "eligible infrastructure improvements" has the meaning set forth in IC 8-1-31-5.As added by P.L.91-2017, SEC.8.
IN Code § 8-1-31.6-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-4. "Water Utility"

Sec. 4. As used in this chapter, "water utility" means:(1) a public utility (as defined in IC 8-1-2-1(a)); or(2) a municipally owned utility (as defined in IC 8-1-2-1(h));that provides water service to the public, and that is under the commission's authority with respect to rates and charges.As added by P.L.91-2017, SEC.8. Amended by P.L.137-2020, SEC.2.
IN Code § 8-1-31.6-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-5. Commission Approval of Water Utility's Plan for Customer Lead Service Line Improvements

Sec. 5. (a) Before a water utility may seek to include customer lead service line improvements as eligible infrastructure improvements:(1) for purposes of IC 8-1-31, for public utilities; or(2) for purpose of this chapter, for municipally owned utilities;the water utility must first obtain approval from the commission of the water utility's plan for the customer lead service line improvements. To seek approval of the water utility's plan for the customer lead service line improvements, the water utility shall file with the commission a petition and a case-in-chief, including the information set forth in section 6 of this chapter.(b) After holding a properly noticed public hearing, the commission shall approve the water utility's plan under this section if the commission makes the required findings under section 6 of this chapter.(c) The commission shall issue the commission's final order on the water utility's petition not later than two hundred ten (210) days after the filing of the water utility's case-in-chief.As added by P.L.91-2017, SEC.8. Amended by P.L.137-2020, SEC.3.
IN Code § 8-1-31.6-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-7. Inclusion of Costs of Customer Lead Service Line Improvements as Eligible Infrastructure Improvements for Public Utilities

Sec. 7. Subject to section 6(c) of this chapter, upon the commission's approval of a public utility's plan under section 6 of this chapter, the water utility may include the actual costs incurred by the public utility in connection with completing customer lead service line improvements that:(1) have been placed in service; and(2) have not been included in the public utility's rate base in the public utility's most recent general rate case;as eligible infrastructure improvements for purposes of IC 8-1-31. For purposes of the revenue limitation calculation under IC 8-1-31-13, infrastructure improvement costs associated with customer lead service line improvements shall not be counted as adjustment revenues in determining whether the water utility's total adjustment revenues exceed ten percent (10%) of the water utility's base revenue level approved in the water utility's most recent general rate case.As added by P.L.91-2017, SEC.8. Amended by P.L.137-2020, SEC.5.
IN Code § 8-1-31.6-8 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-8. Inclusion of Costs of Customer Lead Service Line Improvements in Rates of Municipally Owned Utility

Sec. 8. Subject to section 6(c) of this chapter, upon the commission's approval of the utility's plan under section 6 of this chapter, a municipally owned utility may include in the utility's rates the costs for customer lead service line improvements that:(1) are made, or are to be made, by a municipally owned utility;(2) do not increase revenues by connecting to new customers, even though the plant or equipment may provide the municipally owned utility with available capacity greater than the available capacity provided to the customer before the line improvements;(3) are or will be an extension or replacement consistent with section 9 of this chapter; and(4) were not included on the utility's balance sheet as plant in service in the utility's most recent general rate case.As added by P.L.137-2020, SEC.6.
IN Code § 8-1-31.6-9 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-9. Customer Lead Service Line Improvement Costs for Municipally Owned Utilities

Sec. 9. For a municipally owned utility, customer lead service line improvement costs include the following:(1) Depreciation expenses.(2) Extensions and replacements for customer lead service line improvements, to the extent that the extensions and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.(3) Debt service on funds borrowed to pay for customer lead service line improvements.(4) As applicable, property taxes to be paid by the utility based upon the first assessment date following the placement in service of the customer lead service line improvements.As added by P.L.137-2020, SEC.7.
IN Code § 8-1-31.6-10 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-10. Petition by Municipally Owned Utility for Rate Adjustment

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.
IN Code § 8-1-31.6-11 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-11. Hearing and Order on Petition by Municipally Owned Utility

Sec. 11. (a) When a petition is filed under section 10 of this chapter, the commission shall conduct a hearing.(b) The office of the utility consumer counselor may:(1) examine information of the municipally owned utility to confirm:(A) that the customer lead service line improvements made or to be made are in accordance with section 9 of this chapter; and(B) proper calculation of the adjustment amount proposed under section 10(a) of this chapter; and(2) submit a report to the commission not later than thirty (30) days after the petition is filed.(c) The commission shall hold the hearing and issue its order not later than sixty (60) days after the petition is filed.(d) If the commission finds that a petition filed under section 10 of this chapter complies with the requirements of this chapter, the commission shall enter an order approving the petition.As added by P.L.137-2020, SEC.9.
IN Code § 8-1-31.6-12 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-12. Petition for Change in Initial Adjustment Amount by Municipally Owned Utility

Sec. 12. (a) Except as provided in subsection (b), a municipally owned utility may, but is not required to, file a petition for a change in its initial adjustment amount not more often than one (1) time every twelve (12) months. Section 10 of this chapter applies to a petition to change an adjustment rider.(b) Except as provided in section 15 of this chapter, a municipally owned utility may not file a petition described in subsection (a) 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 utility.As added by P.L.137-2020, SEC.10.
IN Code § 8-1-31.6-13 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-13. Allowable Recovery for Municipally Owned Utility; Factors

Sec. 13. In determining the amount of allowable recovery of customer lead service line improvement costs for a municipally owned utility, the commission may consider the following factors:(1) Extensions and replacements, to the extent that the extensions and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.(2) Debt service on funds borrowed to pay for customer lead service line improvements.(3) Depreciation expenses on customer lead service line improvements based on the same rate or rates of depreciation approved by the commission for the calculation of depreciation in the utility's most recent rate case.(4) Other components that the commission considers appropriate.As added by P.L.137-2020, SEC.11.
IN Code § 8-1-31.6-14 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-14. Adjustment Amount Calculation and Reconciliation Procedures for Municipally Owned Utility

Sec. 14. An adjustment amount proposed under section 10 of this chapter may be calculated based on a reasonable estimate of equivalent meters in the period in which the charge will be in effect. At the end of each twelve (12) month period following the date on which the commission initially approves an adjustment amount for a municipally owned utility following the utility's most recent general rate case, the municipally owned utility, using procedures approved by the commission, shall reconcile the difference between revenues under the adjustment rider and customer lead service line improvement costs during that period and recover or refund the difference, as appropriate, through additional adjustments to the adjustment rider.As added by P.L.137-2020, SEC.12.
IN Code § 8-1-31.6-15 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-15. Resetting of Adjustment Amount After Increase in Basic Rates and Charges for Municipally Owned Utility

Sec. 15. A municipally owned utility's adjustment rider approved under sections 10 and 12 of this chapter shall be reset to zero (0) upon the approval of new basic rates and charges for the utility by the commission in a general rate case in which the customer lead service line improvements are included in the utility's rate base.As added by P.L.137-2020, SEC.13.
IN Code § 8-1-31.6-16 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.6. Customer Owned Lead Service Lines|8-1-31.6-16. Commission to Adopt Rules

Sec. 16. The commission shall adopt rules under IC 4-22-2 to implement this chapter.As added by P.L.137-2020, SEC.14.
IN Code § 8-1-31.7-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-1. Applicability of Definitions

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter.As added by P.L.137-2020, SEC.15.
IN Code § 8-1-31.7-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-2. "Eligible Addition"

Sec. 2. As used in this chapter, "eligible addition" means any new utility plant or equipment:(1) that does not increase revenues by connecting to new customers, even though the plant or equipment may provide the eligible utility with greater available capacity; and(2) that:(A) for a public utility:(i) is used and useful;(ii) is procured, installed, or constructed by the public utility with expenditures that are service enhancement improvements; and(iii) was not included in the public utility's rate base in its most recent general rate case; or(B) for a municipally owned or not-for-profit utility:(i) is or will be an extension or replacement, consistent with section 8 of this chapter; and(ii) was not included on the utility's balance sheet as plant in service in the utility's most recent general rate case.As added by P.L.137-2020, SEC.15. Amended by P.L.32-2021, SEC.18.
IN Code § 8-1-31.7-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-3. "Eligible Utility"

Sec. 3. As used in this chapter, "eligible utility" means:(1) a public utility;(2) a municipally owned utility; or(3) a not-for-profit utility;that provides water or wastewater service to the public and is under the jurisdiction of the commission for the approval of rates and charges.As added by P.L.137-2020, SEC.15.
IN Code § 8-1-31.7-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-4. "Not-for-Profit Utility"

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.
IN Code § 8-1-31.7-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-5. "Pretax Return"

Sec. 5. As used in this chapter, "pretax return" means the revenues necessary:(1) to produce net operating income equal to a public utility's weighted cost of capital multiplied by the net original cost of the eligible addition; and(2) to pay state and federal income taxes applicable to the net operating income described in subdivision (1).As added by P.L.137-2020, SEC.15.
IN Code § 8-1-31.7-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-6. "Requirement"

Sec. 6. As used in this chapter, "requirement" means any decision or regulation imposed on an eligible utility by a unit (as defined in IC 36-1-2-23), a municipal corporation (as defined in IC 36-1-2-10), a state, or the federal government in connection with any of the following:(1) The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).(2) The federal Safe Drinking Water Act (42 U.S.C. 300f et seq.).(3) Any other law, order, or regulation administered by the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Department of Transportation, the Indiana department of transportation, the Indiana department of environmental management, or the department of natural resources.(4) Regulation imposed by local government under IC 8-1-2-101, IC 36-9-2-14, IC 36-9-2-15, or IC 36-9-2-16.As added by P.L.137-2020, SEC.15.
IN Code § 8-1-31.7-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-7. "Service Enhancement Improvement"

Sec. 7. As used in this chapter, "service enhancement improvement" means an expenditure that is either of the following:(1) Made, or to be made, by an eligible utility and related to:(A) direct or indirect compliance with one (1) or more requirements; or(B) installation of a new plant or equipment:(i) that is not a replacement plant or equipment; and(ii) that the commission determines is reasonable and appropriate to further health, safety, or environmental protection for the eligible utility's customers, employees, or the public.(2) Replacement of a plant or equipment to maintain existing health, safety, or environmental protection for the eligible utility's customers, employees, or the public.As added by P.L.137-2020, SEC.15.
IN Code § 8-1-31.7-8 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-8. "Service Enhancement Improvement Costs"

Sec. 8. (a) As used in this chapter, "service enhancement improvement costs" means costs that an eligible utility incurs in connection with an eligible addition, including the following:(1) Depreciation expenses.(2) For a municipally owned utility or a not-for-profit utility, extensions and replacements, to the extent that the extensions and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8 or IC 8-1-2-125.(3) For a municipally owned utility or a not-for-profit utility, debt service on funds borrowed to pay for the eligible addition.(4) Property taxes to be paid by the eligible utility based upon the first assessment date following the placement in service of the eligible addition.(5) Pretax return for a public utility.(b) The term does not include fines or penalties assessed against or imposed on an eligible utility for violating laws, regulations, or consent decrees related to a requirement.As added by P.L.137-2020, SEC.15.
IN Code § 8-1-31.7-10 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-10. Plan for Improvements Related to Compliance With Certain Requirements; Factors for Commission's Consideration

Sec. 10. If the plan is for a service enhancement improvement described in section 7(1)(A) of this chapter, the commission shall approve the plan if the commission finds that the public convenience and necessity require the proposed service enhancement improvement to allow the eligible utility to comply directly or indirectly with one (1) or more requirements. The commission shall examine the following:(1) The following factors, which must be set forth in the eligible utility's case in chief filed in accordance with section 9 of this chapter:(A) A description of the requirements, including any consent decrees related to the requirements, that the eligible utility seeks to comply with through the proposed service enhancement improvement.(B) A description of the projected service enhancement improvement costs associated with the proposed service enhancement improvement.(C) A description of how the proposed service enhancement improvement allows the eligible utility to comply with the requirements described by the eligible utility under clause (A).(D) Alternative plans for compliance.(2) Any other factors the commission considers relevant.As added by P.L.137-2020, SEC.15.
IN Code § 8-1-31.7-11 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-11. Plan for Improvements Related to Compliance With Regulation Imposed by Local Government

Sec. 11. If the plan is for a service enhancement improvement described in section 7(1)(A) of this chapter related to a requirement described in section 6(4) of this chapter, the eligible utility shall provide a copy of the unit or municipal corporation ordinance or other determination setting forth the requirement and shall provide the eligible utility's estimated cost to comply with the requirement. The commission shall review the reasonableness of the requirement under IC 8-1-2-101(a). Unless the commission finds the requirement to be unreasonable, the commission shall approve the plan for the service enhancement improvement. The unit or municipal corporation that has adopted the requirement shall be provided notice of the proceedings.As added by P.L.137-2020, SEC.15.
IN Code § 8-1-31.7-13 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-13. Pretax Return for Public Utility; Factors for Commission's Consideration

Sec. 13. In determining an appropriate pretax return for a public utility, the commission may consider the following factors:(1) The current state and federal income tax rates.(2) The eligible utility's actual regulatory capital structure.(3) The actual cost rates for the eligible utility's long term debt and preferred stock.(4) The eligible utility's cost of common equity.(5) Other components that the commission considers appropriate.As added by P.L.137-2020, SEC.15.
IN Code § 8-1-31.7-14 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-14. Cost of Common Equity for Public Utility

Sec. 14. (a) Except as provided in subsection (b), the cost of common equity to be used in the calculation of the pretax return under section 13 of this chapter shall be the most recent determination by the commission in a general rate proceeding of the eligible utility.(b) If the commission finds that the most recent determination described in subsection (a) is no longer representative of current conditions, the commission may, after notice and hearing, make a new determination of the common equity cost rate for use in determining the charge. The most recent prior determination shall be used pending any redetermination under this subsection.As added by P.L.137-2020, SEC.15.
IN Code § 8-1-31.7-15 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities|8-1-31.7-15. Recovery of Costs for Municipally Owned Utility; Factors for Commission's Consideration

Sec. 15. In determining the amount of allowable recovery of service enhancement improvement costs for an eligible utility that is a municipally owned utility, the commission may consider the following factors:(1) Extensions and replacements, to the extent that the extension and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.(2) Debt service on funds borrowed to pay for eligible service enhancement improvement.(3) Depreciation expenses on eligible service enhancement improvements based on the same rate or rates of depreciation approved by the commission for the calculation of depreciation in the eligible utility's most recent rate case.(4) Other components that the commission considers appropriate.As added by P.L.137-2020, SEC.15.