reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-7. Survival, Actions, or Appeals Pending Before Abolished Commission

Sec. 7. Where in any statute or rule provision is made for an appeal from, or action against, the public service commission, or an appeal from, or action against, the public service commission of Indiana, such appeals or actions may be taken from or brought against the Indiana utility regulatory commission. Wherever in any statute or rule in force after July 1, 1987, there appears in any provision the name "public service commission" or the name "public service commission of Indiana" the name "Indiana utility regulatory commission" is in each case substituted in its place.
Formerly: Acts 1941, c.101, s.7. As amended by P.L.59-1984, SEC.2; P.L.113-1987, SEC.2; P.L.23-1988, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-9. Suggested Orders; Filing Exceptions

Sec. 9. In every case where any law to be administered by the commission created by this chapter provides that a party to a proceeding before the commission shall have a time in which to file written exceptions to a suggested order before the same may become the final order of the commission, it shall be the duty of the commission to promptly mail to each party having such right a copy of such suggested order, and the time for filing such exceptions as provided by law shall in each case commence to run on the day of mailing of such copy of such suggested order.
Formerly: Acts 1941, c.101, s.9. As amended by P.L.59-1984, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-10. Survival, Actions, or Proceedings Pending Before Former Commission

Sec. 10. Section 7 of this chapter shall not affect actions on or proceedings pending on June 30, 1987, brought by or against the people of the state of Indiana or the public service commission of Indiana or by any other person, firm, or corporation, under the provisions of the statutes establishing or conferring power upon the public service commission of Indiana, but the same may be prosecuted and defended with the same effect as though the name of the commission had not been changed, except the same shall be continued and carried on by the Indiana utility regulatory commission.
Formerly: Acts 1941, c.101, s.10. As amended by P.L.59-1984, SEC.5; P.L.23-1988, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-11. Staff of Commission

Sec. 11. The commission is authorized to employ such counsel or attorneys, engineers, administrative law judges, experts, clerks, accountants and other assistants as it may deem necessary, at such rates of compensation as it may determine upon, subject, however, to the approval of the governor.
Formerly: Acts 1941, c.101, s.11; Acts 1945, c.46, s.3. As amended by Acts 1979, P.L.84, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-12. 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-15. Implementing Rules; Duration

Sec. 15. A rule that the commission adopts under section 3(g) of this chapter that is necessary to implement a state or federal statute, rule, or regulation is void sixty-one (61) days after the expiration of that statute, rule, or regulation, unless the commission makes a written finding prior to the sixty-first day that it is necessary to retain the rule.
As added by P.L.37-1989, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1. Utility Regulatory Commission › 8-1-1-16. Commission to Consider Effect of Governmental Requirements Upon Utility's Operational Expenses

Sec. 16. (a) As used in this section, "commission" refers to the Indiana utility regulatory commission created by section 2 of this chapter.
(b) As used in this section, "governmental requirement" means a requirement imposed on a utility by a governmental unit in connection with:
(1) the federal Clean Water Act (33 U.S.C. 1251 et seq.);
(2) the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.); or
(3) any other law, order, rule, or regulation administered or issued by the United States Environmental Protection Agency, the department of environmental management, or the department of natural resources in connection with the federal Clean Water Act or the federal Safe Drinking Water Act.
(c) As used in this section, "utility" means:
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h)); or
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
that provides water or wastewater service to the public and is under the jurisdiction of the commission for the approval of rates and charges.
(d) In its deliberations in a general rate case of a utility, the commission shall consider governmental requirements and their effect upon the utility's operational expenses.
As added by P.L.233-2017, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-1. Definitions

Sec. 1. As used in this chapter:
"Council" means the advisory council to the office of utility consumer counselor created under section 7 of this chapter.
"Counselor" means the consumer counselor established under section 2 of this chapter.
"Deputy consumer counselor" means the deputy consumer counselor for Washington affairs that may be established under section 9.1 of this chapter.
"Utility" means any public utility, municipally owned utility or subscriber owned utility under the jurisdiction of the commission.
As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.43-1983, SEC.6; P.L.23-1988, SEC.18; P.L.1-1990, SEC.91.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-2. Creation; Administration

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-3. Consumer Counselor

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-4. Repealed

As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.384-1987(ss), SEC.2; P.L.3-1989, SEC.45; P.L.99-1989, SEC.3. Repealed by P.L.1-1990, SEC.92.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-4.1. Powers and Duties

Sec. 4.1. (a) The consumer counselor may appear on behalf of ratepayers, consumers, and the public in:
(1) hearings before the commission, the department of state revenue, or the Indiana department of transportation;
(2) appeals from the orders of the commission, the department of state revenue, or the Indiana department of transportation; and
(3) suits and actions in a court that may involve rates for service, services, extensions, and contracts for service, valuations of utilities, applications of utilities for authority to issue securities, applications for mergers and sales, and in all other proceedings, including proceedings before federal agencies, and suits and actions in which the subject matter of the action affects the consumers of a utility, motor carrier, or railroad doing business in Indiana.
(b) The counselor shall decide whether to appeal an order of the commission, the department of state revenue, or the Indiana department of transportation and may on the counselor's own motion initiate an appeal.
As added by P.L.1-1990, SEC.93.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-5. Repealed

As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.384-1987(ss), SEC.3; P.L.3-1989, SEC.46; P.L.99-1989, SEC.4. Repealed by P.L.1-1990, SEC.94.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-5.1. Proceedings Before Commission, Department, or Court; Powers and Duties of Consumer Counselor

Sec. 5.1. (a) The commission, the department of state revenue, or the Indiana department of transportation shall immediately notify the counselor of the institution of any proceeding before the commission, the department of state revenue, or the Indiana department of transportation in which the counselor is authorized to appear and shall transmit to the counselor a copy of the petition or complaint filed.
(b) The commission, the department of state revenue, or the Indiana department of transportation may not proceed to hear a petition, complaint, or proceeding in which the counselor is entitled to appear until the counselor has been given at least ten (10) days notice, unless the counselor waived the notice.
(c) The consumer counselor may call the counselor's own witnesses to testify before a proceeding or hearing in which the counselor makes an appearance, and may require the production for examination of books and papers relating to a matter under investigation and in question before the commission, another agency, or a court.
(d) The consumer counselor has the right, with the consent of the petitioners or complainants, whenever a petition is filed on behalf of the ratepayers, consumers, or the public, to make amendments to the petition or complaint that the counselor considers advisable.
(e) In all proceedings before the commission, the department of state revenue, or the Indiana department of transportation and in a court in which the consumer counselor shall appear, the consumer counselor shall have charge of the interests of the ratepayers and consumers of the utility, motor carrier, or railroad involved. The counselor may give notice of the hearings to all municipalities, corporations, or organizations and persons that are parties to the proceedings, suit, or action other than the utility, motor carrier, or railroad.
As added by P.L.1-1990, SEC.95.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-6. Repealed

As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.43-1983, SEC.13; P.L.16-1984, SEC.6; P.L.384-1987(ss), SEC.4; P.L.3-1989, SEC.47; P.L.99-1989, SEC.5. Repealed by P.L.1-1990, SEC.96.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-7. Advisory Council

Sec. 7. (a) There is created the advisory council to the office of the utility consumer counselor. The council consists of nine (9) members. Each Indiana congressional district must be represented by at least one (1) individual appointed under this section who is a resident of that congressional district. However, the reduction in membership of the council from ten (10) members to nine (9) shall be accomplished as the terms of members end and new members are appointed. Until the expiration of the term of a member who is serving on the council on January 1, 2014, and resides in the same congressional district as another member, the council consists of ten (10) members.
(b) Members of the council, including those filling vacancies occurring in the council membership, shall be appointed by the governor. All members shall be appointed to a term of four (4) years, except those who have been appointed to fill a vacancy in the council whose term will be the unexpired portion of the term. All members shall serve until their successor has been duly appointed and qualified.
(c) The membership shall be representative of the various sectors of Indiana economy, including, but not limited to: agriculture, business and industry, labor, and local government.
(d) The members shall annually elect of themselves a chairman.
(e) Members are entitled to receive per diem and travel expense reimbursement at the standard rates provided for state employees for expenses they incur in the performance of their duties under this chapter subject to the approval of the consumer counselor.
As added by Acts 1981, P.L.104, SEC.3. Amended by Acts 1982, P.L.1, SEC.23; P.L.170-2002, SEC.56; P.L.53-2014, SEC.74.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-8. Repealed

As added by Acts 1981, P.L.104, SEC.3. Amended by P.L.3-1989, SEC.48; P.L.99-1989, SEC.6. Repealed by P.L.1-1990, SEC.98.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-8.1. Meetings; Duties

Sec. 8.1. (a) The council shall meet at the call of the chairman or the consumer counselor.
(b) The council shall receive, review, and advise the consumer counselor with respect to problems and concerns of ratepayers and consumers arising from the regulation of utilities, motor carriers, or railroads in Indiana. The office of consumer counselor shall provide necessary clerical and staff assistance for the council.
As added by P.L.1-1990, SEC.99.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.1. Office of the Utility Consumer Counselor › 8-1-1.1-9. Repealed

As added by P.L.43-1983, SEC.7. Amended by P.L.3-1989, SEC.49; P.L.99-1989, SEC.7. Repealed by P.L.1-1990, SEC.100.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-0.3. Validation of Certain Actions Taken Before March 5, 1985

Sec. 0.3. Any action taken before March 5, 1985, that would have been valid if taken under this chapter, as amended by P.L.87-1985, is validated.
As added by P.L.220-2011, SEC.184.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-1. Purpose; Intent

Sec. 1. The purpose and intent of this chapter is to provide for the establishment, operation, and organization of a nominating committee to submit to the governor nominations of candidates to fill vacancies on the commission.
As added by P.L.43-1983, SEC.8. Amended by P.L.23-1988, SEC.19.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-2. Definitions

Sec. 2. As used in this chapter:
"Nominating committee" or "committee" means the nominating committee established by section 3 of this chapter.
"Vacancy" means an opening on the membership of the commission or nominating committee which occurs by reason of death, retirement, resignation, removal, expiration of term without reappointment.
As added by P.L.43-1983, SEC.8. Amended by P.L.23-1988, SEC.20.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-3. Establishment; Members; Terms; Vacancies; Notice

Sec. 3. (a) There is established a nominating committee for the purpose of submitting to the governor nominations of candidates to fill vacancies on the commission. The committee consists of seven (7) members, not more than four (4) of whom shall belong to the same political party and none of whom may be a member of the general assembly.
(b) The governor shall appoint three (3) members of the nominating committee and designate one (1) as chairman. The speaker of the house of representatives, the president pro tempore of the senate, the minority leader of the senate, and the minority leader of the house of representatives shall each appoint one (1) member of the nominating committee. Each appointment shall be certified to the secretary of state within ten (10) days of the appointment.
(c) Each member of the nominating committee shall be appointed for a term of four (4) years.
(d) Whenever a vacancy occurs on the nominating committee, the chairman of the committee shall promptly notify the official who appointed the member whose position is vacant. That official shall appoint a new member within sixty (60) days after receiving notice of the vacancy. The term of the member so appointed shall be for the unexpired term of the member whose vacancy he has filled. An appointment to fill a vacancy shall be certified to the secretary of state within ten (10) days of the appointment.
(e) After the names of members appointed to the nominating committee have been certified to the secretary of state, the secretary of state shall, by regular mail, notify the members of the committee of their appointment.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-4. Term of Office; Reappointment

Sec. 4. A member of the nominating committee serves until his successor is appointed. No committee member is eligible for successive reappointment, unless he has been appointed to fill a vacancy on the committee for less than three (3) years in which case he is eligible, upon the expiration of that term, for a succeeding term.
As added by P.L.43-1983, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-5. Vacancy on Public Service Commission; Notice; Meeting; Nomination of Candidates; Appointment

Sec. 5. (a) When a vacancy occurs on the commission, the governor shall promptly notify the chairman of the nominating committee of the vacancy. The chairman shall call a meeting of the committee within ten (10) days after the notice. The nominating committee shall submit its nominations of three (3) candidates for each vacancy and certify them to the governor no later than forty (40) days from the time the vacancy occurs. When it is known that a vacancy will occur at a definite future date, but the vacancy has not yet occurred, the governor shall notify the nominating committee immediately thereof, and the committee may, within sixty (60) days of the notice of the vacancy, make its nominations and submit to the governor the names of three (3) persons nominated for the forthcoming vacancy.
(b) The governor may appoint to the commission one (1) of the three (3) persons nominated by the nominating committee for a vacancy, or the governor may reject all of such nominees. If the governor rejects all of such nominees, he shall so notify the chairman of the nominating committee, and the committee shall certify the nominations of three (3) additional candidates to the governor not later than forty (40) days after receipt of such notice. The governor shall fill the vacancy on the commission from one (1) of such additional nominees.
As added by P.L.43-1983, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-6. Candidates; Evaluation; List of Nominees for Commission Vacancy; Number

Sec. 6. (a) It is the intent of this chapter that the nominating committee shall submit to the governor, from among those names the committee considers for a vacancy on the commission, the names of only the three (3) most highly qualified candidates. In determining which candidates are most highly qualified, each committee member shall evaluate each candidate on the following considerations:
(1) Education and academic honors and awards achieved.
(2) Professional experience and reputation.
(3) Financial interests, including any such interest which might conflict with the performance of commission responsibilities.
(4) Activities in public service.
(5) Any other pertinent information which the committee believes is important in selecting the most highly qualified individuals for commission membership.
(b) The nominating committee shall not make an investigation to determine these considerations until the individual states in writing that he desires to be appointed to fill an existing or forthcoming commission vacancy.
(c) The nominating committee shall submit with the list of three (3) nominees to the governor their written evaluation of each such nominee, based on those considerations stated in subsection (a) of this section. The list of names submitted to the governor may be publicly disclosed by the committee. The evaluations of candidates whose names have been submitted to the governor shall remain confidential.
As added by P.L.43-1983, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-7. Meetings; Rules

Sec. 7. (a) The nominating committee shall meet from time to time as may be necessary to discharge its responsibilities under this chapter. Meetings of the committee shall be called by its chairman, or in the event of his failure to call a meeting when a meeting may be necessary, upon the call of any four (4) members of the committee. The chairman, whenever he deems a meeting necessary or upon the request of any four (4) members of the committee for a meeting, shall give each member of the committee at least five (5) days written notice by mail of the time and place of every meeting, unless the committee at its previous meeting designated the time and place of its next meeting.
(b) Meetings of the nominating committee are to be held at such a place in Indiana as the chairman of the committee may arrange.
(c) The nominating committee shall act only at a meeting and may act only on the concurrence of a majority of its members attending a meeting. Four (4) members shall constitute a quorum. The committee has the power to adopt rules under IC 4-22-2 for the conduct of its proceedings and the discharge of its duties. These rules shall include procedures by which eligible candidates for a vacancy on the commission may submit their names to the nominating committee.
As added by P.L.43-1983, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-8. Death or Withdrawal of Nominee; Renomination of Replacement

Sec. 8. (a) If any nominee dies or requests in writing that his name be withdrawn, the nominating committee shall nominate another person to replace him from the list of candidates previously considered for that vacancy.
(b) Whenever there are existing at the same time two (2) or more vacancies, the committee shall submit to the governor a single list of the names of those persons nominated for the vacancies. The number of names that the nominating committee shall include on the list equals three (3) times the number of vacancies. The rights provided and duties assigned to the governor and the nominating committee by section 5(b) of this chapter also apply to a list of names submitted by the nominating committee to the governor under this subsection.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-9. Investigators and Experts; Aid of Governor's Staff; Appropriation

Sec. 9. (a) The nominating committee shall have the authority to employ investigators and such experts as the committee in its discretion determines to be necessary to carry out its functions and purposes.
(b) The office and staff of the governor shall also serve the nominating committee in performing its functions under this chapter.
(c) There is annually appropriated to the nominating committee the sum of five thousand dollars ($5,000) from the state general fund for the purpose of defraying any and all expenses which may be incurred in the administration of this chapter.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.5. Utility Regulatory Commission Nominating Committee › 8-1-1.5-10. Compensation; Expenses

Sec. 10. Each member of the nominating committee is entitled to receive the minimum salary per diem as provided in IC 4-10-11-2.1(b) while performing his duties. Such a member is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with his duties, as provided in the state travel policies and procedures established by the department of administration and approved by the state budget agency.
As added by P.L.43-1983, SEC.8. Amended by P.L.87-1985, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.9. Regulation of New Water and Wastewater Utilities › 8-1-1.9-1. "Commission"

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.126-2018, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.9. Regulation of New Water and Wastewater Utilities › 8-1-1.9-2. "Public Utility"

Sec. 2. As used in this chapter, "public utility" has the meaning set forth in IC 8-1-2-1(a).
As added by P.L.126-2018, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.9. Regulation of New Water and Wastewater Utilities › 8-1-1.9-3. "Water or Wastewater Utility"

Sec. 3. As used in this chapter, "water or wastewater utility" means:
(1) a public utility that provides water service, wastewater service, or both water service and wastewater service to the public; or
(2) a municipally owned utility that provides water service to less than eight thousand (8,000) customers.
As added by P.L.126-2018, SEC.1. Amended by P.L.160-2020, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.9. Regulation of New Water and Wastewater Utilities › 8-1-1.9-4. Water or Wastewater Utility Organized After June 2018 Subject to Iurc Jurisdiction

Sec. 4. (a) Notwithstanding IC 8-1-2.7 and any other law under which a water or wastewater utility is exempt from or may withdraw from the jurisdiction of the commission, a water or wastewater utility that is organized after June 30, 2018, is subject to the jurisdiction of the commission with respect to:
(1) rates and charges;
(2) stocks, bonds, notes, or other evidence of indebtedness;
(3) rules; and
(4) the annual report filing requirement;
for the period of ten (10) years beginning on the day on which the water or wastewater utility is organized.
(b) This section does not affect:
(1) any statutes requiring or permitting a water or wastewater utility to petition the commission before providing service to the public; or
(2) the commission's jurisdiction regarding statutes and petitions referred to in subdivision (1).
As added by P.L.126-2018, SEC.1. Amended by P.L.160-2020, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 1.9. Regulation of New Water and Wastewater Utilities › 8-1-1.9-6. Wastewater Utility Not Under the Jurisdiction of the Commission; Required Proposals; Approval; Iurc Annual Report

Sec. 6. (a) This section applies to a wastewater utility that:
(1) is not subject to the jurisdiction of the commission for the approval of rates and charges; and
(2) receives wholesale wastewater service from another wastewater utility.
(b) As used in this section, "wastewater utility" means a:
(1) public utility;
(2) municipally owned utility (as defined in IC 8-1-2-l(h)) that serves fewer than eight thousand (8,000) customers;
(3) not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) cooperatively owned corporation;
(5) conservancy district established under IC 14-33; or
(6) regional sewer district established under IC 13-26.
(c) Before a wastewater utility may:
(1) disconnect from the wholesale wastewater service provided by another wastewater utility; and
(2) construct a new wastewater treatment plant to serve its customers;
the wastewater utility must obtain the approval of the commission of its plan to disconnect from the other wastewater utility's wholesale wastewater service and construct a new wastewater treatment plant.
(d) A wastewater utility to which subsection (c) applies must submit to the commission as part of the wastewater utility's case in chief:
(1) the current costs incurred by the wastewater utility for utility service with the other wastewater utility providing wholesale wastewater service;
(2) the projected future costs to be incurred by the wastewater utility for utility service if the other wastewater utility were to continue providing wholesale wastewater service; and
(3) the projected future costs to be incurred by the wastewater utility for utility service if the wastewater utility were to disconnect from the other wastewater utility providing wholesale wastewater service and construct a new wastewater treatment plant.
(e) The commission may approve a wastewater utility's proposal under subsection (c) if the commission finds that:
(1) the disconnection from the wholesale wastewater service and the construction of a new wastewater treatment plant is reasonable and in the public interest;
(2) the total rates charged by the wastewater utility for wastewater service will not increase above the projected cost of continued service with the wholesale wastewater service provider as a result of the disconnection from the wholesale wastewater service and the new wastewater treatment plant construction;
(3) the wastewater utility has developed an asset management program, as defined in guidelines adopted by the Indiana finance authority under IC 5-1.2; and
(4) the wastewater utility has the legal, managerial, technical, and financial expertise to construct and manage a new wastewater treatment plant.
(f) In the commission's annual report under IC 8-1-1-14, the commission shall include a description of any activity under this section.
As added by P.L.232-2023, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-0.3. Effective Date of Certain Amendments Made to Section 103 of This Chapter

Sec. 0.3. Notwithstanding the amendments made to section 103 of this chapter by P.L.93-1993, in the case of a public utility that is described in section 103(c) of this chapter, as amended by P.L.93-1993, the effective date for the implementation of the amendments made to section 103 of this chapter by P.L.93-1993, is July 1, 1993.
As added by P.L.220-2011, SEC.185.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-0.5. State Policy to Promote Utility Investment in Infrastructure While Protecting Affordability of Utility Service

Sec. 0.5. The general assembly declares that it is the continuing policy of the state, in cooperation with local governments and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to create and maintain conditions under which utilities plan for and invest in infrastructure necessary for operation and maintenance while protecting the affordability of utility services for present and future generations of Indiana citizens.
As added by P.L.104-2016, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-0.6. State Policy Concerning Indiana's Electric Generation Resource Mix, Energy Infrastructure, and Electric Service Ratemaking; Attributes to Be Considered

Sec. 0.6. The general assembly declares that it is the continuing policy of the state that decisions concerning Indiana's electric generation resource mix, energy infrastructure, and electric service ratemaking constructs must consider each of the following attributes of electric utility service:
(1) Reliability, including:
(A) the adequacy of electric utility service, including the ability of the electric system to supply the aggregate electrical demand and energy requirements of end use customers at all times, taking into account:
(i) scheduled; and
(ii) reasonably expected unscheduled;
outages of system elements; and
(B) the operating reliability of the electric system, including the ability of the electric system to withstand sudden disturbances such as electric short circuits or unanticipated loss of system components.
(2) Affordability, including ratemaking constructs that result in retail electric utility service that is affordable and competitive across residential, commercial, and industrial customer classes.
(3) Resiliency, including the ability of the electric system or its components to:
(A) adapt to changing conditions; and
(B) withstand and rapidly recover from disruptions or off-nominal events.
(4) Stability, including the ability of the electric system to:
(A) maintain a state of equilibrium during:
(i) normal and abnormal conditions; or
(ii) disturbances; and
(B) deliver a stable source of electricity, in which frequency and voltage are maintained within defined parameters, consistent with industry standards.
(5) Environmental sustainability, including:
(A) the impact of environmental regulations on the cost of providing electric utility service; and
(B) demand from consumers for environmentally sustainable sources of electric generation.
As added by P.L.55-2023, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-1.1. Transmitting Communications Through Internet Protocol Enabled Retail Services; Regulatory Status

Sec. 1.1. A person or an entity that:
(1) transmits communications through Internet Protocol enabled retail services, including:
(A) voice;
(B) data;
(C) video; or
(D) any combination of voice, data, and video communications; or
(2) provides the necessary software, hardware, transmission service, or transmission path for communications described in subdivision (1);
is not a public utility solely by reason of engaging in any activity described in subdivisions (1) through (2).
As added by P.L.27-2006, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-2. Legal Counsel for Commission

Sec. 2. The attorney-general shall be the legal counsel for the commission and shall prosecute all cases in which the commission may be interested. He shall advise the commission in legal matters arising in the discharge of their duties and shall represent the commission in all suits to which the commission is a party. The attorney-general shall have the right to call upon the prosecuting attorney of any county or the legal officers of any city to assist in the prosecution or defense of any case in their county or city to which the commission may be a party, and it shall be the duty of such prosecuting attorney or legal officer to give such assistance as may be required by the attorney general.
Formerly: Acts 1913, c.76, s.3; Acts 1917, c.16, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-4. Services to Public; Rates and Charges

Sec. 4. Every public utility is required to furnish reasonably adequate service and facilities. The charge made by any public utility for any service rendered or to be rendered either directly or in connection therewith shall be reasonable and just, and every unjust or unreasonable charge for such service is prohibited and declared unlawful. The commission, in order to expedite the determination of rate questions, or to avoid unnecessary and unreasonable expense, or to avoid discrimination in rates between classes of customers, or, whenever in the judgment of the commission public interest so requires, may, for ratemaking and accounting purposes, or either of them, consider a single municipality and/or two (2) or more municipalities and/or the adjacent and/or intervening rural territory as a regional unit where the same utility serves such region, and may within such region prescribe uniform rates for consumers or patrons of the same class. Nothing in this chapter contained shall authorize any public utility during the remainder of the term of any grant or franchise under which it may be acting on May 1, 1913, to charge for any service, in such grant or franchise contracted, exceeding the maximum rate or rates therefor, if any, that may be fixed in such grant or franchise.
Formerly: Acts 1913, c.76, s.7; Acts 1933, c.190, s.2. As amended by P.L.59-1984, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-4.1. Public Water or Wastewater Utilities; Changes in Federal or State Income Tax Rate; Petition to Commission for Surcharge

Sec. 4.1. (a) As used in this section, "water or wastewater utility" means a public utility (as defined in section 1(a) of this chapter) that provides water or wastewater service to the public.
(b) Except as provided in subsection (h), not later than sixty (60) days after the effective date of a change in the applicable federal or state income tax rate as a result of new legislation, a water or wastewater utility shall petition the commission for a water or wastewater utility surcharge that adjusts the water or wastewater utility's rates and charges to provide recovery for the change in the federal or state income tax rate, independent of any other matters related to the water or wastewater utility's revenue requirement. A surcharge approved under this section shall operate on a prospective basis.
(c) A surcharge under this section:
(1) applies to each rate or charge in effect at the time of the petition;
(2) shall be calculated to reflect the difference between:
(A) the amount of federal or state income taxes that each existing rate or charge was designed to recover based on the income tax rate in effect at the time the rate or charge was approved; and
(B) the amount of federal or state income taxes that would have been embedded in the given rate or charge had the new income tax rate resulting from the new legislation been in effect at the time of approval; and
(3) shall not include normalization of a water or wastewater utility's accumulated deferred income taxes. However, the commission may address the issues described in this subdivision in a sub-docket created by the commission.
(d) The commission shall approve a surcharge under this section if the commission finds that:
(1) the surcharge has been calculated correctly under subsection (c); and
(2) the water or wastewater utility's proposal is just and reasonable.
(e) Beginning on the effective date of the new legislation, and pending approval of a petition filed under this section, a water or wastewater utility is authorized to use regulatory accounting for all calculated differences described in subsection (c)(2).
(f) This section shall not be construed to limit the commission's authority to:
(1) initiate proceedings; or
(2) take actions;
to ensure just and reasonable rates in connection with any new legislation.
(g) A petition filed under this section is not considered a petition for a general increase in rates and charges.
(h) A water or wastewater utility that serves fewer than eight thousand (8,000) customers may, but is not required to, file a petition under subsection (b).
As added by P.L.120-2021, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-4.2. Rate Adjustment Reflecting Repeal of Utility Receipts Tax; Notice to Affected Customers

Sec. 4.2. (a) This section applies to a utility that is subject to the:
(1) utility receipts tax under IC 6-2.3; and
(2) jurisdiction of the commission for the approval of rates and charges;
on January 1, 2022.
(b) Not later than May 1, 2022, a utility shall file with the commission a rate adjustment that adjusts the utility's rates and charges to reflect the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly, independent of any other matters related to the utility's revenue requirement. A rate adjustment approved under this section shall operate on a prospective basis.
(c) A rate adjustment under this section:
(1) applies to each rate or charge in effect at the time of the filing that includes recovery of the utility receipts tax; and
(2) shall be calculated to remove the amount of the utility receipts tax that each existing rate or charge was designed to recover based on the utility receipts tax rate in effect at the time the rate or charge was approved.
(d) The commission shall approve a rate adjustment under this section if the commission finds that the rate adjustment has been calculated correctly under subsection (c)(2). If the rate adjustment under this section has not been calculated correctly under subsection (c)(2), the commission shall notify the utility of the defect and require the utility to correct the calculation.
(e) A rate adjustment under this section takes effect upon the effective date of the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022, pending approval of a utility's filing under this section.
(f) Upon a rate adjustment taking effect under subsection (e), the utility shall provide notice to all affected customers in each of the next two (2) regular billing cycles that the adjustment in rates or charges reflects the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly. Notice provided under this subsection must include the amount of the adjustment reflected in the bill.
(g) This section shall not be construed to limit the commission's authority to:
(1) initiate proceedings; or
(2) take actions;
to ensure just and reasonable rates in connection with the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly.
As added by P.L.138-2022, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-4.3. Rate or Charge Adjustment Reflecting Repeal of Utility Receipts Tax; Notice to Affected Customers

Sec. 4.3. (a) This section applies to a utility that is:
(1) subject to the utility receipts tax under IC 6-2.3; and
(2) not under the jurisdiction of the commission for the approval of rates and charges;
on January 1, 2022.
(b) A utility shall adjust the utility's rates and charges to reflect the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly. A rate or charge adjustment under this section shall operate on a prospective basis.
(c) A rate or charge adjustment under this section:
(1) applies to each rate or charge in effect at the time of the adjustment that includes recovery of the utility receipts tax; and
(2) shall be calculated to remove the amount of the utility receipts tax that each existing rate or charge was designed to recover based on the utility receipts tax rate in effect at the time the rate or charge was established.
(d) The utility shall provide notice to all affected customers in each of the next two (2) regular billing cycles that the adjustment in rates or charges reflects the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly. Notice provided under this subsection must include the amount of the adjustment reflected in the bill.
As added by P.L.138-2022, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2. Utility Regulation › 8-1-2-5. Joint Use of Facilities; Failure of Parties to Agree; Resolution by Commission

Sec. 5. (a) Every public utility, every communications service provider, every municipality, and every person, association, limited liability company, or corporation having tracks, conduits, subways, poles, or other equipment on, over, or under any street or highway shall for a reasonable compensation, permit the use of the same by any other public utility or communications service provider or by a municipality owning or operating a utility, whenever public convenience and necessity require such use, and such use will not result in irreparable injury to the owner or other users of such equipment, nor in any substantial detriment to the service to be rendered by such owners or other users. If any prospective consumers or patrons of any public utility for the production, transmission, delivery, or furnishing of light or power, living in territory outside of cities and towns, and within not to exceed one-half (1/2) mile of the transmission line of such utility, shall agree to and shall construct and install the necessary equipment, in compliance with plans and specifications prescribed by such utility, such public utility shall permit the necessary physical connection or connections to be made and service to be furnished to the person or persons who have constructed and installed such equipment.
(b) In case of failure to agree upon such use or the terms and conditions or compensations for such use, any public utility, any communications service provider, or any person, association, limited liability company, or corporation interested may apply to the commission and if after investigation the commission shall ascertain that public convenience and necessity require such use, and that such use would not result in irreparable injury to the owner or other users of such equipment or the facilities of such public utilities, nor in any substantial detriment to the service to be rendered by such owner or other public utilities or other users of such equipment or facilities, it shall by order direct that such use be permitted and prescribe reasonable conditions and compensations for such joint use.
(c) Such use so ordered shall be permitted, and such conditions and compensation so prescribed for such use shall be lawful conditions and compensations for such use, to be observed, followed, and paid, subject to recourse to the courts upon the complaint of any interested party as provided in sections 73 and 74 of this chapter and IC 8-1-3, and such statute so far as applicable shall apply to any action arising on such complaint so made. Any such order of the commission may be from time to time revised by the commission upon application of any interested party or upon its own motion.
(d) This section does not affect the commission's authority under IC 8-1-2.6.
Formerly: Acts 1913, c.76, s.8; Acts 1933, c.190, s.3; Acts 1935, c.293, s.2. As amended by P.L.59-1984, SEC.11; P.L.8-1993, SEC.106; P.L.145-2015, SEC.2.