reglab/housing_qa huggingface dataset:
IN Code § 8-1-40.5-13 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets|8-1-40.5-13. Scope of Indiana Utility Regulatory Commission Powers and Duties With Respect to Securitization; Effect of Securitization on Electric Utility Ratemaking and Financing

Sec. 13. (a) The commission, in exercising the commission's powers and carrying out the commission's duties with regard to any matter within the commission's authority under this chapter, may not:(1) for purposes of ratemaking or approval of financing, consider:(A) securitization bonds issued under a financing order to be the debt of the electric utility other than for federal income tax purposes;(B) securitization charges paid under a financing order to be the revenue of the electric utility for any purpose; or(C) securitization costs or financing costs specified in a financing order to be the cost of the electric utility; or(2) determine any action taken by an electric utility that is consistent with the financing order to be unreasonable. This subdivision does not require the commission to approve a proposed capital investment under section 10(d)(4)(B) of this chapter.(b) This chapter does not prohibit an electric utility from requesting, or the commission from approving, alternative methods for recovery of the costs of an electric generation facility upon retirement.(c) An electric utility that has received an order from the commission approving the recording of a regulatory asset to recover the net book value of an electric generation facility upon the planned retirement of the electric generation facility may not file a petition under section 10 of this chapter with respect to the generation facility.As added by P.L.80-2021, SEC.1.
IN Code § 8-1-40.5-14 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets|8-1-40.5-14. Transfer of Securitization Property

Sec. 14. (a) If an agreement by an electric utility or an assignee to transfer securitization property expressly states that the transfer is a sale or is otherwise an absolute transfer:(1) the resulting transaction:(A) is a true sale; and(B) is not a secured transaction; and(2) title, both legal and equitable, passes to the person to which the securitization property is transferred.(b) A transaction resulting from an agreement described in subsection (a) is a true sale regardless of:(1) whether the purchaser has any recourse against the seller; or(2) any other term of the agreement, including the following:(A) The seller's retention of an equity interest in the securitization property.(B) The fact that the electric utility acts as a collector of securitization charges relating to the securitization property.(C) The treatment of the transfer as a financing for tax, financial reporting, or other purposes.As added by P.L.80-2021, SEC.1.
IN Code § 8-1-40.5-16 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets|8-1-40.5-16. Securitization Bonds Not Debt, Obligation, or Charge on Credit or Taxing Power of State; State Covenant With Respect to Securitization Bonds

Sec. 16. (a) Securitization bonds are not:(1) a debt or obligation of the state; or(2) a charge on the state's full faith and credit or on the state's taxing power.(b) The state pledges, for the benefit and protection of financing parties and electric utilities under this chapter, that it will not:(1) take or permit any action that would impair the value of securitization property; or(2) reduce or alter, except as authorized by section 12(c) of this chapter, or impair securitization charges to be imposed, collected, and remitted to financing parties under this chapter;until the principal, interest, and premium, and other charges incurred, or contracts to be performed, in connection with the related securitization bonds have been paid or performed in full. Any party issuing securitization bonds is authorized to include the pledge set forth in this subsection in any documentation relating to those bonds.As added by P.L.80-2021, SEC.1.
IN Code § 8-1-40.5-17 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets|8-1-40.5-17. Effect of Securitization Bonds on Tax Liability; Liability of Successor for Securitization Bonds, Charges, and Property; Assignee or Financing Party Not Considered an Electric Utility

Sec. 17. (a) The acquisition, ownership, and disposition of any direct interest in any securitization bond shall not be taken into account in determining whether a person is subject to any income tax, franchise tax, business activities tax, intangible property tax, excise tax, stamp tax, or any other tax imposed by the state or by any political subdivision of the state.(b) Any successor to an electric utility, whether that person becomes a successor as a result of any:(1) bankruptcy, reorganization, or other insolvency proceeding; or(2) merger, acquisition, sale, or transfer;shall, by operation of law, perform and satisfy all obligations of the electric utility under this chapter in the same manner and to the same extent as the electric utility would have been obligated to perform and satisfy before the event described in subdivision (1) or (2), including collecting and paying revenues arising with respect to the securitization property to persons entitled to those revenues.(c) An assignee or financing party is not considered to be an electric utility solely by virtue of any transactions described in this chapter.As added by P.L.80-2021, SEC.1.
IN Code § 8-1-40.5-18 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets|8-1-40.5-18. Severability

Sec. 18. The provisions of this chapter are severable in the manner provided in IC 1-1-1-8(b).As added by P.L.80-2021, SEC.1.
IN Code § 8-1-40.5-19 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets|8-1-40.5-19. Adoption of Rules by Indiana Utility Regulatory Commission

Sec. 19. The commission shall adopt rules under IC 4-22-2 to implement this chapter. In adopting the rules required by 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 section 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.As added by P.L.80-2021, SEC.1.
IN Code § 8-1.5-1-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 1. Definitions|8-1.5-1-1. Application

Sec. 1. The definitions in this chapter apply throughout this article.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-1-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 1. Definitions|8-1.5-1-2. "Acquisition"

Sec. 2. "Acquisition" includes the following methods of obtaining property:(1) Purchases.(2) Condemnation.(3) Leases.(4) Exchanges.(5) Acceptance of gifts.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-1-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 1. Definitions|8-1.5-1-3. "Commission"

Sec. 3. "Commission" refers to the utility regulatory commission.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.23-1988, SEC.61.
IN Code § 8-1.5-1-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 1. Definitions|8-1.5-1-4. "Disposition"

Sec. 4. "Disposition" includes the sale, lease, exchange, or other transfer of property.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-1-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 1. Definitions|8-1.5-1-5. "Executive"

Sec. 5. "Executive" means:(1) mayor, for a city; or(2) president of the town council, for a town.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.8-1989, SEC.40.
IN Code § 8-1.5-1-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 1. Definitions|8-1.5-1-6. "Fiscal Officer"

Sec. 6. "Fiscal officer" means:(1) controller, for a second class city;(2) clerk-treasurer, for a third class city; or(3) clerk-treasurer, for a town.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-1-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 1. Definitions|8-1.5-1-7. "Legislative Body"

Sec. 7. "Legislative body" means:(1) common council, for a city; or(2) town council, for a town.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.8-1989, SEC.41.
IN Code § 8-1.5-1-8 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 1. Definitions|8-1.5-1-8. "Municipality"

Sec. 8. "Municipality" means city or town.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-1-9 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 1. Definitions|8-1.5-1-9. "Person"

Sec. 9. "Person" means individual, firm, corporation, partnership, limited liability company, trustee, lessee, or receiver.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.8-1993, SEC.132.
IN Code § 8-1.5-1-10 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 1. Definitions|8-1.5-1-10. "Utility"; "Municipally Owned Utility"; "Public Utility"

Sec. 10. "Utility", "municipally owned utility", and "public utility" have the meanings set forth in IC 8-1-2-1. However, notwithstanding IC 8-1-2-1(g), for purposes of IC 8-1.5-2-4 through IC 8-1.5-2-6.1, the term:(1) "utility" includes any plant or equipment that is:(A) used within Indiana for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste; and(B) acquired, owned, or operated by a municipality described in subdivision (2); and(2) "municipally owned utility" includes a municipality that acquires, owns, or operates facilities for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.98-2016, SEC.6.
IN Code § 8-1.5-2-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-1. Application of Chapter; Exception

Sec. 1. This chapter applies to all municipalities except consolidated cities.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-2. Application of Chapter; Additional Exceptions

Sec. 2. (a) This chapter does not apply to utilities governed by:(1) IC 8-1-13; or(2) IC 8-1-2 except for a municipally owned electric, water, wastewater, or combined water and wastewater utility.(b) The law relating to acquisition of electric utility property and to electricity suppliers' service area assignments shall be governed by IC 8-1-2.3 and IC 8-1-2-95.1, and nothing in this chapter modifies or abridges those provisions.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.68-2015, SEC.1; P.L.120-2021, SEC.3.
IN Code § 8-1.5-2-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-3. Disposition, Construction, and Acquisition of Utilities; Lease and Operation of Waterworks Facilities

Sec. 3. (a) Subject to restrictions imposed by a bond ordinance, resolution, indenture, contract under IC 8-1-2.2, or similar instrument binding upon it, a municipality may sell or otherwise dispose of any of its municipally owned utilities under this chapter.(b) A municipality may own, lease, acquire, or construct a utility within the corporate boundaries of the municipality, and within a radius of six (6) miles from those boundaries or any place within the county in which the municipality is located, under this chapter without the consent of any agency other than the municipal legislative body. Waterworks facilities may be leased from a public utility and operated in conjunction with its municipal waterworks, whether or not the leased facilities are located within the corporate boundaries of the municipality, if the area served by the leased facilities outside those boundaries is contiguous to, or within one (1) mile of, those boundaries. For purposes of IC 36-4-3, a municipality that leases and operates waterworks serving such an area is considered to be furnishing water service to the area.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-4. Sale of Nonsurplus Property; Writing Providing for Appraisal; Sufficiency of Written Contracts With Appraisers

Sec. 4. Whenever the municipal legislative body or the municipal executive determines to sell or otherwise dispose of nonsurplus municipally owned utility property, it shall provide for the following in a writing that shall be made available, upon request, for inspection and copying at the offices of the municipality's municipally owned utility in accordance with IC 5-14-3:(1) The appointment, as follows, of three (3) residents of Indiana to serve as appraisers:(A) One (1) disinterested person who is an engineer licensed under IC 25-31-1.(B) One (1) disinterested appraiser licensed under IC 25-34.1.(C) One disinterested person who is either:(i) an engineer licensed under IC 25-31-1; or(ii) an appraiser licensed under IC 25-34.1.(2) The appraisal of the property.(3) The time that the appraisal is due.It is sufficient for purposes of this section that the municipal legislative body or municipal executive provides for the appointment in written contracts with the appraisers or the firms with whom the appraisers are employed.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.113-2006, SEC.2; P.L.103-2008, SEC.2; P.L.68-2015, SEC.2; P.L.98-2016, SEC.7; P.L.229-2019, SEC.7.
IN Code § 8-1.5-2-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-6. Sale of Nonsurplus Property; Terms of Ordinance; Satisfaction of Existing Obligations; Bid Submitted by Trust; Proceeds; Sale for Less Than Appraised Value

Sec. 6. (a) The ordinance adopted by the municipal legislative body under section 5(d) of this chapter must provide for:(1) the sale or disposition of the municipally owned utility property;(2) the manner of the sale or disposition;(3) the price, terms, and conditions of the sale or disposition, which must be consistent with any contractual obligations previously incurred under IC 8-1-2.2; and(4) the officer or officers who are to execute the proper documents conveying title on behalf of the municipality.(b) Except as provided in subsection (e), the property may not be sold for less than its full appraised value, as set forth in the appraisal, less the amount of any bonds, liens, or other indebtedness due upon the property, and only in accordance with contractual obligations incurred under IC 8-1-2.2. The indebtedness shall either:(1) be paid in accordance with the terms and conditions of the instruments governing the indebtedness before the sale; or(2) be assumed and paid by the purchaser as part of the purchase price of the property.(c) This subsection applies if a municipal legislative body adopts an ordinance for the sale or disposition of municipally owned utility real property by acceptance of bids. A bid submitted by a trust (as defined in IC 30-4-1-1(a)) must identify each:(1) beneficiary of the trust; and(2) settlor empowered to revoke or modify the trust.(d) The proceeds of any sale under this chapter shall be paid into the treasury of the municipality making the sale and become part of the general fund, unless the municipal legislative body adopts an ordinance to provide that the proceeds of the sale shall be paid into a restricted fund to be used only in the manner set forth in the ordinance.(e) The municipally owned utility property that is the subject of an ordinance adopted under section 5(d) of this chapter may be sold for less than its full appraised value, as set forth in the appraisal, if the municipal legislative body determines that it would be in the municipality's best interests to sell the property for less than its full appraised value so as to result in lower utility rates to be charged by the prospective purchaser to customers of the municipality's municipally owned utility.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.104-1983, SEC.1; P.L.336-1989(ss), SEC.18; P.L.103-2008, SEC.4; P.L.98-2016, SEC.9.
IN Code § 8-1.5-2-7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-7. Public Convenience and Necessity; Declaratory Resolution

Sec. 7. (a) A certificate of public convenience and necessity is not required as a condition precedent to the owning, leasing, acquisition, construction, or operation of a utility by a municipality, even if there is a public utility engaged in a similar service. The acquisition of electric utility property and assignment of a municipal electric utility's service area are, however, subject to the provisions of IC 8-1-2.3 and IC 8-1-2-95.1.(b) Subsection (d) applies to the following:(1) A municipality that wants to acquire an existing utility, including by purchase or condemnation under IC 8-1-2-92, IC 8-1-2-93, or otherwise.(2) A municipality that wants to own and operate a utility in a location where, or contiguous to where, there is a public utility engaged in a similar service:(A) under a franchise granted by the municipality; or(B) under an indeterminate permit as defined in IC 8-1-2-1.(c) Notwithstanding subsection (b), subsection (d) does not apply to the following:(1) A municipality that owns and operates a water utility as of July 1, 2012.(2) An action brought under:(A) IC 8-1-2-92;(B) IC 8-1-2-93; or(C) this chapter;before March 1, 2013.(d) Before a municipality described in subsection (b) may declare by ordinance that public convenience and necessity require the establishment of a municipally owned utility, the municipality shall conduct a hearing under section 10 of this chapter.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.172-2009, SEC.3; P.L.270-2013, SEC.4.
IN Code § 8-1.5-2-8 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-8. Preliminary Expenses; Appropriation

Sec. 8. Before a municipal legislative body:(1) proposes to construct or acquire a utility; and(2) makes a determination as to public convenience and necessity;it may appropriate out of its general fund an amount not exceeding five percent (5%) of the total estimated cost of constructing or acquiring the utility, as necessary to pay the expenses of a preliminary investigation, surveys, plans, specifications, and appraisals, including engineering and legal expenses in constructing or acquiring the utility. Any action by the municipal legislative body in making an appropriation is final and not subject to review by the department of local government finance. The municipal legislative body may renew or adjust the appropriation on an annual basis until the construction or acquisition of the utility is complete.As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.90-2002, SEC.313; P.L.172-2009, SEC.4.
IN Code § 8-1.5-2-9 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-9. Appropriation for Preliminary Expenses; Repayment

Sec. 9. If the municipal legislative body proceeds to construct or acquire the utility, there must be included in the total amount of money to be raised by the issuance of bonds in connection with the construction or acquisition of the utility the amount of the expenditures that will be repaid to the general fund of the municipality from the money derived from the issuance and sale of the bonds.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-10 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-10. Ordinance Declaring Public Convenience and Necessity; Notice and Hearing

Sec. 10. (a) Before a municipal legislative body adopts an ordinance declaring that public convenience and necessity require the construction or acquisition of a utility as provided by section 7 of this chapter, each public utility furnishing a similar utility service in the municipality, or in the contiguous territory in which the municipality proposes to operate, shall be given ten (10) days notice by the legislative body of the time and place where the hearing will be held. At the hearing, the public utility is entitled to be heard in person or by counsel in opposition to the proposed action.(b) Notice must be served by delivering a copy to an officer or manager of the public utility in the municipality, if possible, or to an officer of the public utility elsewhere in Indiana.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-12 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-12. Sale of Heat, Light, Water, or Power to Municipality

Sec. 12. (a) Upon the approval by resolution of the municipal legislative body, a municipally owned utility may sell or furnish heat, light, water, or power to the municipality to be used exclusively for the furnishing of utility service to the municipality for its own municipal purposes.(b) This section is not intended to permit the sale or furnishing of power to the municipality where the sale would affect the obligation of any contract or franchise.As added by Acts 1982, P.L.74, SEC.1.
IN Code § 8-1.5-2-13 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1.5. Municipal Utilities|Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities|8-1.5-2-13. Contracts for Acquisition, Construction, or Replacement of Public Utility Property; Authorizing Ordinance

Sec. 13. A contract made by the municipal legislative body for the acquisition, construction, extension, or replacement of the property of a public utility must be authorized by ordinance. The ordinance must provide for the principal and interest of bonds issued for the payment of the cost of the acquisition, construction, extension, or replacement to be paid exclusively from the income and revenue of the property acquired with the proceeds of the bonds.As added by Acts 1982, P.L.74, SEC.1.