reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-8. "Local Franchise"

Sec. 8. As used in this chapter, "local franchise" means an initial authorization, or a renewal of an authorization, that:
(1) is issued by a unit before July 1, 2006; and
(2) authorizes the construction or operation of a video service system in a designated service area in the unit.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-10. "Person"

Sec. 10. As used in this chapter, "person" means an individual, a corporation, a partnership, a limited liability company, an association, or another entity organized under the laws of any state.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-11. "Provider"

Sec. 11. As used in this chapter, "provider" refers to a multichannel video programming distributor (as defined in 47 U.S.C. 522(13)).
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-14. "Video Service"

Sec. 14. (a) As used in this chapter, "video service" means:
(1) the transmission to subscribers of video programming and other programming service by a video service provider:
(A) through facilities located at least in part in a public right-of-way; and
(B) without regard to the technology used to deliver the video programming or other programming service; and
(2) any subscriber interaction required for the selection or use of the video programming or other programming service.
(b) The term does not include:
(1) commercial mobile service (as defined in 47 U.S.C. 332);
(2) direct to home satellite service (as defined in 47 U.S.C. 303(v)); or
(3) video programming accessed via a service that enables users to access content, information, electronic mail, or other services offered over the Internet, including digital audiovisual works (as defined in IC 6-2.5-1-16.3).
As added by P.L.27-2006, SEC.58. Amended by P.L.236-2023, SEC.123.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-15. "Video Service System"

Sec. 15. (a) As used in this chapter, "video service system" means a system, consisting of a set of transmission paths and associated signal generation, reception, and control equipment, that is designed to provide video service directly to subscribers within a community. The term includes the:
(1) optical spectrum wavelengths;
(2) bandwidth; or
(3) other current or future technological capacity;
used to provide the video service.
(b) The term does not include a system that transmits video service to subscribers without using any public right-of-way.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-17. Issuance of Certificate; Build-Out Requirements Prohibited; Settlement Agreements Approved Before July 29, 2004; Use of Rights-of-Way

Sec. 17. (a) Not later than fifteen (15) business days after the commission receives an application under section 16 of this chapter, the commission shall determine whether the application is complete and properly verified. If the commission determines that the application is incomplete or is not properly verified, the commission shall notify the applicant of the deficiency and allow the applicant to resubmit the application after correcting the deficiency. If the commission determines that the application is complete and properly verified, the commission shall issue the applicant a certificate of franchise authority. A certificate issued under this section must contain:
(1) a grant of authority to provide the video service requested in the application;
(2) a grant of authority to use and occupy public rights-of-way in the delivery of the video service, subject to:
(A) state and local laws and regulations governing the use and occupancy of public rights-of-way; and
(B) the police powers of local units to enforce local ordinances and regulations governing the use and occupancy of public rights-of-way; and
(3) a statement that the authority granted under subdivisions (1) and (2) is subject to the holder's lawful provision and operation of the video service.
(b) Except as provided in subsection (c) and sections 16(d) and 28 of this chapter, the commission may not require a provider to:
(1) satisfy any build-out requirements;
(2) deploy, or make investments in, any infrastructure, facilities, or equipment; or
(3) pay an application fee, a document fee, a state franchise fee, a service charge, or any fee other than the franchise fee paid to a local unit under section 24 of this chapter;
as a condition of receiving or holding a certificate under this chapter.
(c) This section does not limit the commission's right to enforce any obligation described in subsection (b) that a provider is subject to under the terms of a settlement agreement approved by the commission before July 29, 2004.
(d) The general assembly, a state agency, or a unit may not adopt a law, rule, ordinance, or regulation governing the use and occupancy of public rights-of-way that:
(1) discriminates against any provider, or is unduly burdensome with respect to any provider, based on the particular facilities or technology used by the provider to deliver video service; or
(2) allows a video service system owned or operated by a unit to use or occupy public rights-of-way on terms or conditions more favorable or less burdensome than those that apply to other providers.
A law, a rule, an ordinance, or a regulation that violates this subsection is void.
As added by P.L.27-2006, SEC.58. Amended by P.L.1-2007, SEC.77; P.L.86-2018, SEC.141.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-18. Transfer of Certificate

Sec. 18. Subject to the notice requirements under section 20 of this chapter, a certificate issued under this chapter may be transferred to any successor in interest of the holder to which the certificate is originally granted.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-19. Termination of Certificate by Holder

Sec. 19. A certificate issued under this chapter may be terminated by the holder by submitting notice to the commission under section 20 of this chapter.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-21. Election to Operate Under Local Franchise; Termination of Local Franchise; Notice; Outstanding and Prepaid Franchise Fees

Sec. 21. (a) For purposes of this section, a provider is considered to be a holder of a local franchise on June 30, 2006, if:
(1) the provider; or
(2) any affiliate or successor entity of the provider;
holds a local franchise to provide video service in a unit on June 30, 2006.
(b) After June 30, 2006, a provider that is the holder of a local franchise on June 30, 2006, regardless of whether the provider is the incumbent provider in the local franchise service area, may elect to:
(1) continue providing video service under the local franchise until the local franchise expires; or
(2) subject to section 22 of this chapter, terminate the local franchise and apply to the commission for a certificate under this chapter.
(c) A provider that elects to terminate a local franchise under subsection (b) must provide written notice of the provider's election to:
(1) the commission; and
(2) the affected unit;
not later than November 1, 2006. The local franchise is terminated on the date the commission issues a certificate to the provider under this chapter.
(d) Not later than ninety (90) days after a local franchise is terminated under subsection (c), the provider that terminated the local franchise shall remit to the affected unit any accrued but unpaid franchise fees due under the local franchise. If the provider has credit remaining from any prepaid franchise fees, the provider may deduct the amount of the credit from any future fees or taxes owed to the affected unit.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-22. Terminated Local Franchise; Rights, Duties, and Obligations Owed to Private Persons; Right of Action; "Private Person"

Sec. 22. (a) A provider that elects to terminate a local franchise under section 21 of this chapter remains subject to the contractual rights, duties, and obligations incurred by the provider that are owed to any private person.
(b) All liens, security interests, royalties, and other contracts, rights, and interests owed to a private person, shall:
(1) continue in full force and effect without the need for renewal, extension, or continuance; and
(2) be paid or performed by the provider after becoming a holder of a certificate under this chapter.
(c) The commission shall condition the issuance or renewal of a certificate under this chapter on a provider's payment and performance of the rights, duties, and obligations described in this section. In applying for an initial certificate or a renewal certificate under this chapter, a provider shall agree to pay or perform the obligations described in this section, as required by section 16(b)(1)(D) of this chapter.
(d) A private person that claims to be:
(1) owed any rights, duties, or obligations by a holder under this section; and
(2) aggrieved by a holder's alleged violation of this section;
may bring an action in a court with jurisdiction to enforce the rights, duties, or obligations claimed to be owed to the person.
(e) As used in this section, "private person" does not include:
(1) the unit that issued the terminated local franchise;
(2) a political subdivision (as defined in IC 36-1-2-13) not described in subdivision (1); or
(3) any official, agent, or employee of:
(A) the unit that issued the terminated local franchise; or
(B) a political subdivision described in subdivision (2);
in the individual's official capacity.
As added by P.L.27-2006, SEC.58. Amended by P.L.183-2006, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-24.5. Video Service Franchise Fees; Local and State Reports

Sec. 24.5. (a) This section applies to any unit that receives franchise fees paid to the unit under:
(1) a certificate issued by the commission under this chapter; or
(2) an unexpired local franchise issued by the unit before July 1, 2006;
with respect to a particular calendar year.
(b) For each calendar year, beginning with the calendar year ending December 31, 2012, each unit to which this section applies shall submit to the commission, on a form or in the manner prescribed by the commission, a report that includes the following information for each certificate or local franchise in effect in the unit during the calendar year for which the report is submitted:
(1) The amount of franchise fees paid to the unit under the certificate or local franchise.
(2) The account of the unit into which the franchise fees identified under subdivision (1) were deposited.
(3) The purposes for which any franchise fees received by the unit during:
(A) the calendar year for which the report is submitted; or
(B) a previous calendar year;
were used or spent by the unit during the calendar year for which the report is submitted.
(4) Any other information or data concerning the receipt and use of franchise fees that the commission considers appropriate.
(c) The commission shall prescribe the form of the report and the process, deadlines, and other requirements for submitting the report required under this section.
(d) Upon receiving the annual reports required under this section, the commission shall compile and organize the data and information contained in the reports. The commission shall include a summary of the data and information contained in the reports in the commission's annual report under IC 8-1-1-14(c)(4). However, this subsection does not empower the commission to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information. The commission shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.
(e) The commission may adopt rules under IC 4-22-2, including emergency rules under IC 4-22-2-37.1, to implement this section. An emergency rule adopted by the commission under IC 4-22-2-37.1 expires on the date a rule that supersedes the emergency rule is adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36 and not ninety (90) days after the rule is accepted for filing as provided in IC 4-22-2-37.1(g). However, any emergency rules adopted by the commission under this subsection must take effect by a date that enables a unit subject to this section to comply with this section with respect to the calendar year ending December 31, 2012.
As added by P.L.152-2012, SEC.9. Amended by P.L.53-2014, SEC.82; P.L.71-2022, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-25. Peg Channel Capacity, Facilities, and Financial Support; Unit With Existing Requirements

Sec. 25. (a) This section applies in a unit that:
(1) is included in the service area of a holder of a certificate issued under this chapter; and
(2) requires a provider described in section 21(a) of this chapter to provide PEG channel capacity, facilities, or financial support under a local franchise issued to the provider by the unit before July 1, 2006, regardless of whether the provider elects to:
(A) continue the local franchise under section 21(b)(1) of this chapter; or
(B) terminate the local franchise under section 21(b)(2) of this chapter and continue providing video service in the unit under a certificate issued under this chapter.
(b) As used in this section, "PEG channel" refers to a channel made available by a provider on the provider's video service system for public, educational, and governmental programming.
(c) The holder of a certificate under this chapter shall provide in the unit at least the number of PEG channels that the provider described in section 21(a) of this chapter is required to provide in the unit under the terms of the local franchise described in subsection (a)(2).
(d) If the local franchise described in subsection (a)(2) requires the provider described in section 21(a) of this chapter to provide financial support for public, educational, or governmental programming in the unit, the holder of a certificate under this chapter shall pay the unit the same cash payments on a per subscriber basis that the provider described in section 21(a) of this chapter is required to pay the unit under the terms of the local franchise. The holder shall remit payments under this subsection to the unit on a quarterly basis, along with the franchise fee paid to the unit under section 24 of this chapter. For each calendar quarter, the holder shall remit to the unit an amount equal to:
(1) the cash payment for the quarter due from the provider described in section 21(a) of this chapter; multiplied by
(2) a fraction, the numerator of which equals the number of subscribers served by the holder in the unit, and the denominator of which equals the total number of subscribers served by all providers in the unit.
(e) Any payments remitted to a unit under subsection (d):
(1) are made:
(A) for the purposes set forth in 47 U.S.C. 531; and
(B) under the unit's authority under 47 U.S.C. 541(a)(4)(B); and
(2) may not be credited against the franchise fee payable to the unit under section 24 of this chapter.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-26. Peg Channel Capacity, Facilities, and Financial Support; Units or Areas Without Existing Requirements; Authority of Commission to Require

Sec. 26. (a) This section applies in a unit or an unincorporated area of Indiana that:
(1) is included in the service area of a holder of a certificate issued under this chapter; and
(2) does not require a provider described in section 21(a) of this chapter to provide PEG channel capacity, facilities, or financial support under a local franchise issued before July 1, 2006.
(b) As used in this section, "PEG channel" has the meaning set forth in section 25(b) of this chapter.
(c) As a condition of issuing or renewing a certificate to a holder under this chapter, and upon:
(1) the petition of a unit or an unincorporated area included in the holder's service area under the certificate; or
(2) the commission's own motion;
the commission may require the holder to provide PEG channel capacity, facilities, or financial support to one (1) or more units or unincorporated areas in the holder's service area under the certificate.
(d) As allowed by 47 U.S.C. 531, the commission may do the following in exercising its authority under this section:
(1) Adopt rules and procedures for the designation or use of PEG channel capacity in each unit or unincorporated area in which the requirements apply.
(2) Enforce any requirement concerning the provision or use of PEG channel capacity. The commission's enforcement authority under this subdivision includes the authority to enforce any provision that:
(A) is proposed by the holder and incorporated in the holder's certificate; and
(B) concerns services, facilities, or equipment related to PEG channel capacity;
regardless of whether the provision is required in rules or procedures adopted by the commission under subdivision (1).
(3) If PEG channel capacity is designated under the certificate, prescribe rules and procedures:
(A) under which the holder is permitted to use the designated channel capacity to provide other services, if the channel capacity is not being used in the unit or unincorporated area for the designated purposes; and
(B) that set forth the conditions under which the holder must cease any use permitted under clause (A).
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-26.5. Additional Peg Channel Capacity

Sec. 26.5. (a) This section applies in a unit:
(1) that is included in the service area of a holder of a certificate issued under this chapter; and
(2) in which a provider is required to provide PEG channel capacity:
(A) under a local franchise issued to the provider by the unit before July 1, 2006; or
(B) by the commission under section 26 of this chapter.
(b) As used in this section, "PEG channel" has the meaning set forth in section 25(b) of this chapter.
(c) As a condition of issuing or renewing a certificate to a holder under this chapter, and upon:
(1) the petition of the unit; or
(2) the commission's own motion;
the commission may require the holder to provide the unit with PEG channel capacity that is in addition to the channel capacity required to be provided in the unit under the existing local franchise or under an order of the commission under section 26 of this chapter.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-27. Operation of Peg Channel; Compatibility With Provider's System; Interconnection of Systems; Enforcement Authority

Sec. 27. (a) The operation of a PEG channel provided under section 25, 26, or 26.5 of this chapter is the responsibility of the unit or unincorporated area that receives the benefit of the channel, and the holder or other provider is responsible only for the transmission of the channel.
(b) A unit or an unincorporated area that receives the benefit of a PEG channel provided under section 25, 26, or 26.5 of this chapter shall ensure that all transmissions, content, and programming that are transmitted over a channel or other facility of the provider are submitted to the provider in a manner or form that:
(1) is capable of being accepted and transmitted by the provider over the provider's video service system;
(2) does not require additional alteration or change in the content by the provider; and
(3) is compatible with the technology or protocol used by the provider to deliver video service.
(c) If it is technically feasible to do so, the holder of a certificate under this section and a provider described in section 21(a) of this chapter may cooperate to interconnect their systems to provide PEG channel capacity required under section 25, 26, or 26.5 of this chapter. Interconnection under this section may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. The parties shall negotiate the terms of the interconnection in good faith, and a provider described in section 21(a) of this chapter may not withhold interconnection of PEG channel capacity.
(d) Subject to 47 U.S.C. 531, the commission has exclusive authority to enforce any requirement under:
(1) this section; or
(2) section 25, 26, or 26.5 of this chapter.
As added by P.L.27-2006, SEC.58. Amended by P.L.219-2011, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 37. Voluntary Clean Energy Portfolio Standard Program › 8-1-37-3. "Clean Energy Credit"

Sec. 3. As used in this chapter, "clean energy credit", or "CEC", means an interest that:
(1) represents one (1) megawatt hour of clean energy that satisfies the condition set forth in section 12(c)(2) of this chapter;
(2) is quantifiable and transferrable; and
(3) is possessed by not more than one (1) entity at a time.
As added by P.L.150-2011, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 37. Voluntary Clean Energy Portfolio Standard Program › 8-1-37-5. "Clean Portfolio Standard Goal"

Sec. 5. As used in this chapter, "clean portfolio standard goal", or "CPS goal", refers to a goal set forth in section 12(a) of this chapter that a participating electricity supplier must achieve during a specified period during the program to qualify for one (1) or more of the financial incentives described in section 13 of this chapter.
As added by P.L.150-2011, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 37. Voluntary Clean Energy Portfolio Standard Program › 8-1-37-6. "Electricity Supplier"

Sec. 6. (a) As used in this chapter, "electricity supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes retail electric service to customers in Indiana on January 1, 2011.
(b) The term does not include a utility that is:
(1) a municipally owned utility (as defined in IC 8-1-2-1(h));
(2) a corporation organized under IC 8-1-13; or
(3) a corporation organized under IC 23-17 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13.
As added by P.L.150-2011, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 37. Voluntary Clean Energy Portfolio Standard Program › 8-1-37-7. "Participating Electricity Supplier"

Sec. 7. As used in this chapter, "participating electricity supplier" refers to an electricity supplier that has been approved by the commission under section 11 of this chapter to participate in the program.
As added by P.L.150-2011, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 37. Voluntary Clean Energy Portfolio Standard Program › 8-1-37-8. "Program"

Sec. 8. As used in this chapter, "program" refers to the Indiana voluntary clean energy portfolio standard program established by the commission under section 10 of this chapter.
As added by P.L.150-2011, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 37. Voluntary Clean Energy Portfolio Standard Program › 8-1-37-9. "Regional Transmission Organization"

Sec. 9. As used in this chapter, "regional transmission organization", with respect to an electricity supplier, refers to the regional transmission organization approved by the Federal Energy Regulatory Commission for the control area that includes the electricity supplier's assigned service area (as defined in IC 8-1-2.3-2).
As added by P.L.150-2011, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 37. Voluntary Clean Energy Portfolio Standard Program › 8-1-37-10. Adoption of Rules Establishing Program

Sec. 10. (a) Subject to subsection (d), the commission shall adopt rules under IC 4-22-2 to establish the Indiana voluntary clean energy portfolio standard program. The program established under this section must be a voluntary program that provides incentives to participating electricity suppliers that undertake to supply specified percentages of the total electricity supplied to their Indiana retail electric customers from clean energy.
(b) The rules adopted by the commission under this section to establish the program must:
(1) incorporate:
(A) the CPS goals set forth in section 12(a) of this chapter;
(B) methods for measuring and evaluating a participating electricity supplier's compliance with the CPS goals set forth in section 12(a) of this chapter; and
(C) the financial incentives and periodic rate adjustment mechanisms set forth in section 13 of this chapter;
(2) require the commission to determine, before approving an application under section 11 of this chapter, that the approval of the application will not result in an increase to the retail rates and charges of the electricity supplier above what could reasonably be expected if the application were not approved;
(3) take effect not later than January 1, 2012; and
(4) be consistent with this chapter.
(c) Upon the effective date of the rules adopted by the commission under this section, an electricity supplier may apply to the commission under section 11 of this chapter for approval to participate in the program.
(d) The commission may adopt emergency rules under IC 4-22-2-37.1 to adopt the rules required by this section. An emergency rule adopted by the commission under IC 4-22-2-37.1 expires on the date 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.150-2011, SEC.16. Amended by P.L.71-2022, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 37. Voluntary Clean Energy Portfolio Standard Program › 8-1-37-11. Application to Program; Review by the Commission

Sec. 11. (a) An electricity supplier that seeks to participate in the program established by the commission under section 10 of this chapter must apply to the commission:
(1) in the manner and on a form prescribed by the commission; and
(2) not later than a date specified by the commission in the rules adopted under section 10 of this chapter;
for approval to participate in the program.
(b) Upon receiving an application under subsection (a), the commission shall review the application for completeness. The commission may request additional information the commission considers necessary to aid in the commission's review.
(c) If the commission determines that:
(1) an application submitted under subsection (a) is complete and reasonably complies with the purpose of this chapter;
(2) the electricity supplier submitting the application has demonstrated that the electricity supplier has a reasonable expectation of obtaining clean energy to meet the energy requirements of its Indiana retail electric customers during the calendar year ending December 31, 2025, in an amount equal to at least ten percent (10%) of the total electricity supplied by the participating electricity supplier to its Indiana retail electric customers during the base year, as set forth in section 12(a)(3) of this chapter; and
(3) approving the application will not result in an increase to the retail rates and charges of the electricity supplier above what could reasonably be expected if the application were not approved;
the commission shall approve the application. If, however, the commission determines that the application does not meet the requirements set forth in this subsection, the commission shall reject the application. The electricity supplier that submitted the application under subsection (a) bears the burden of proving to the commission that the application meets the requirements set forth in this subsection.
As added by P.L.150-2011, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 37. Voluntary Clean Energy Portfolio Standard Program › 8-1-37-14. Repealed

As added by P.L.150-2011, SEC.16. Amended by P.L.53-2014, SEC.83; P.L.5-2015, SEC.22. Repealed by P.L.71-2022, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 38. Transmission Reliability › 8-1-38-1. "Electric Transmission Facility"

Sec. 1. (a) As used in this chapter, "electric transmission facility" means a high voltage transmission line with a rating of at least one hundred (100) kilovolts and related transmission facilities and controls.
(b) The term does not include a line installed solely for the purpose of connecting an electric generation facility to facilities owned by a public utility.
As added by P.L.174-2013, SEC.1. Amended by P.L.145-2023, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 38. Transmission Reliability › 8-1-38-2. "Incumbent Electric Transmission Owner"

Sec. 2. As used in this chapter, "incumbent electric transmission owner" means a public utility that owns, operates, and maintains an electric transmission facility in whole or in part in Indiana.
As added by P.L.174-2013, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 38. Transmission Reliability › 8-1-38-4. "New Electric Transmission Owner"

Sec. 4. As used in this chapter, "new electric transmission owner" means a corporation, company, partnership, limited liability company, or other organization that:
(1) on the date of its incorporation or organization, does not own, operate, or maintain an electric transmission facility located in whole or in part in Indiana; and
(2) is incorporated or organized to construct, own, operate, and maintain an electric transmission facility located in whole or in part in Indiana.
As added by P.L.174-2013, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 38. Transmission Reliability › 8-1-38-7. Authority to Operate; Findings

Sec. 7. (a) The commission shall grant a new electric transmission owner authority to operate as a public utility in Indiana if the commission makes the following findings:
(1) The new electric transmission owner has the financial, managerial, and technical capability to construct, own, operate, and maintain an electric transmission facility.
(2) The new electric transmission owner has the ability and intent to comply with all statutes, rules, and regulations enforced by the commission.
(3) The new electric transmission owner has the intent to construct, own, operate, and maintain an electric transmission facility that is under consideration by an applicable regional transmission organization.
(4) The new electric transmission owner has provided written notice of its request for authority under this section to each incumbent electric transmission owner that may connect its existing electric transmission facility to the new electric transmission facility of the new electric transmission owner.
(b) In making findings under subsection (a), the commission may consider the creditworthiness of the new electric transmission owner, including:
(1) the new electric transmission owner's investment grade rating;
(2) guarantees of a parent company of the new electric transmission owner that has an investment grade rating;
(3) a bank reference letter or bonding commitment on behalf of the new electric transmission owner;
(4) the authority of the new electric transmission owner to directly set rates or impose taxes; and
(5) the capability of the new electric transmission owner to meet its financial obligations if it abandons the new electric transmission facility after its construction.
As added by P.L.174-2013, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 38. Transmission Reliability › 8-1-38-10. Contract Between Incumbent and New Electric Transmission Owners; Jurisdiction of Commission

Sec. 10. (a) An incumbent electric transmission owner may enter into a contract with a new electric transmission owner that proposes to connect a new electric transmission facility to the electric transmission facility of the incumbent electric transmission owner. The contract may assign responsibility for:
(1) maintenance and upgrades; and
(2) reliability compliance;
with respect to the new electric transmission facility.
(b) The commission has jurisdiction to resolve a dispute arising under a contract described in subsection (a).
As added by P.L.174-2013, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-1. Application of Definitions in Ic 8-1-2-1

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter.
As added by P.L.133-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-2. "Eligible Transmission, Distribution, and Storage System Improvements"

Sec. 2. (a) As used in this chapter, "eligible transmission, distribution, and storage system improvements" means new or replacement electric or gas transmission, distribution, or storage utility projects that:
(1) a public utility undertakes for purposes of safety, reliability, system modernization, or economic development, including the extension of gas service to rural areas;
(2) were not included in the public utility's rate base in its most recent general rate case; and
(3) either were:
(A) described in the public utility's TDSIC plan and approved by the commission under section 10 of this chapter and authorized for TDSIC treatment;
(B) described in the public utility's update to the public utility's TDSIC plan under section 9 of this chapter and authorized for TDSIC treatment by the commission; or
(C) approved as a targeted economic development project under section 11 of this chapter.
(b) The term includes:
(1) projects that do not include specific locations or an exact number of inspections, repairs, or replacements, including inspection based projects such as pole or pipe inspection projects, and pole or pipe replacement projects; and
(2) projects involving advanced technology investments to support the modernization of a transmission, distribution, or storage system, such as advanced metering infrastructure, information technology systems, or distributed energy resource management systems.
As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-3. "Pretax Return"

Sec. 3. As used in this chapter, "pretax return" means the TDSIC revenues necessary to:
(1) produce net operating income equal to the public utility's weighted cost of capital multiplied by investments in eligible transmission, distribution, and storage system improvements;
(2) pay state and federal income taxes imposed on the net operating income calculated under subdivision (1); and
(3) pay state utility receipts taxes associated with TDSIC revenues.
As added by P.L.133-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-4. "Public Utility"

Sec. 4. As used in this chapter, "public utility" means:
(1) an energy utility (as defined in IC 8-1-2.5-2);
(2) a municipally owned utility (as defined in IC 8-1-2-1(h)); or
(3) a department of public utilities created by IC 8-1-11.1.
As added by P.L.133-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-5. "Targeted Economic Development Project"

Sec. 5. As used in this chapter, "targeted economic development project" means a project approved by the commission under section 10(c) of this chapter.
As added by P.L.133-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-6. "Tdsic"

Sec. 6. As used in this chapter, "TDSIC" refers to a transmission, distribution, and storage system improvement charge.
As added by P.L.133-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-7. "Tdsic Costs"

Sec. 7. As used in this chapter, "TDSIC costs" means the following costs incurred with respect to eligible transmission, distribution, and storage system improvements incurred both while the improvements are under construction and post in service:
(1) Depreciation expenses.
(2) Operation and maintenance expenses.
(3) Extensions and replacements to the extent not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.
(4) Property taxes.
(5) Pretax returns.
The term includes costs associated with a targeted economic development project approved under section 11 of this chapter.
As added by P.L.133-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-7.8. "Tdsic Plan"

Sec. 7.8. As used in this chapter, "TDSIC plan", or plan, means a public utility's plan for eligible transmission, distribution, and storage system improvements over the course of a period of:
(1) at least five (5) years; and
(2) not more than seven (7) years.
As added by P.L.89-2019, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-8. "Tdsic Revenues"

Sec. 8. As used in this chapter, "TDSIC revenues" means revenues produced through a TDSIC and excluding revenues from all other rates and charges.
As added by P.L.133-2013, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-9. Petition for Tdsic; Annual Plan Update; Recovery and Deferral of Tdsic Costs; Limits on Timing of Petitions

Sec. 9. (a) Subject to subsection (d), a public utility that provides electric or gas utility service may file with the commission rate schedules establishing a TDSIC that will allow the periodic automatic adjustment of the public utility's basic rates and charges to provide for timely recovery of eighty percent (80%) of approved capital expenditures and TDSIC costs. The petition must:
(1) use the customer class revenue allocation factor based on firm load approved in the public utility's most recent retail base rate case order;
(2) include the public utility's TDSIC plan for eligible transmission, distribution, and storage system improvements; and
(3) identify projected effects of the plan described in subdivision (2) on retail rates and charges.
The public utility shall provide a copy of the petition to the office of the utility consumer counselor when the petition is filed with the commission.
(b) The public utility shall update the public utility's TDSIC plan under subsection (a)(2) at least annually. An update may include a petition for approval of:
(1) a targeted economic development project under section 11 of this chapter; or
(2) transmission, distribution, and storage system improvements not described in the public utility's TDSIC plan most recently approved by the commission under section 10 of this chapter.
(c) A public utility that recovers capital expenditures and TDSIC costs under subsection (a) shall defer the remaining twenty percent (20%) of approved capital expenditures and TDSIC costs, including depreciation, allowance for funds used during construction, and post in service carrying costs, and shall recover those capital expenditures and TDSIC costs as part of the next general rate case that the public utility files with the commission.
(d) Except as provided in section 15 of this chapter, a public utility may not file a petition under subsection (a) within nine (9) months after the date on which the commission issues an order changing the public utility's basic rates and charges with respect to the same type of utility service.
(e) A public utility that implements a TDSIC under this chapter shall, before the expiration of the public utility's approved TDSIC plan, petition the commission for review and approval of the public utility's basic rates and charges with respect to the same type of utility service.
(f) A public utility may file a petition under this section not more than one (1) time every six (6) months.
(g) Actual capital expenditures and TDSIC costs that exceed the approved capital expenditures and TDSIC costs require specific justification by the public utility and specific approval by the commission before being authorized for recovery in customer rates.
As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-10. Petition for Approval of Tdsic Plan; Notice, Hearing, and Order; Approval and Authorization of Tdsic Treatment; Targeted Economic Development Projects; Termination of Existing Plan

Sec. 10. (a) A public utility shall petition the commission for approval of the public utility's TDSIC plan for eligible transmission, distribution, and storage improvements. A plan submitted under this subsection may include for approval a targeted economic development project described in section 11 of this chapter.
(b) Following notice and hearing, and not more than two hundred ten (210) days after the public utility petitions the commission under subsection (a), the commission shall issue an order on the petition. The order must include the following:
(1) A finding of the best estimate of the cost of the eligible improvements included in the plan.
(2) A determination whether public convenience and necessity require or will require the eligible improvements included in the plan.
(3) A determination whether the estimated costs of the eligible improvements included in the plan are justified by incremental benefits attributable to the plan.
If the commission determines that the public utility's TDSIC plan is reasonable, the commission shall approve the plan and authorize TDSIC treatment for the eligible transmission, distribution, and storage improvements included in the plan.
(c) A public utility that provides gas or electric service may petition the commission to approve a targeted economic development project as part of the public utility's TDSIC plan under subsection (a). The commission shall review within sixty (60) days the part of the petition concerning the targeted economic development project and approve the inclusion of the project if the commission determines that the inclusion of the project is consistent with the requirements of this chapter.
(d) A public utility may terminate an existing TDSIC plan before the end of the original plan period by providing the commission a notice of termination at least sixty (60) days before the date on which the plan will terminate. Eligible transmission, distribution, and storage improvements receiving TDSIC treatment under section 9 of this chapter before termination of the plan shall continue to receive TDSIC treatment under section 9 of this chapter after termination of the plan until a final order in the public utility's next general rate case is issued. A public utility that terminates a plan:
(1) may petition the commission for approval of a new TDSIC plan under this section; and
(2) must petition the commission for review and approval of the public utility's basic rates and charges with respect to the same type of utility service before the original expiration date of the terminated plan.
As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 39. Transmission, Distribution, and Storage System Improvement Charges and Deferrals › 8-1-39-11. Extension of Gas or Electric Service to Targeted Economic Development Project; Approval by Indiana Economic Development Corporation of Costs as Tdsic Costs; Rural Gas Service

Sec. 11. (a) The extension, construction, addition, or improvement of the plant and equipment of a public utility that is installed to provide gas or electric service to a targeted economic development project is used and useful in the public service.
(b) A public utility shall apply to the Indiana economic development corporation for approval to treat costs associated with a targeted economic development project as TDSIC costs. Costs approved by the Indiana economic development corporation shall be treated as TDSIC costs and may be recovered through a TDSIC under section 12 of this chapter. The TDSIC revenues associated with a targeted economic development project shall not be included in a public utility's total retail revenues for purposes of determining an aggregate increase under section 14 of this chapter.
(c) Notwithstanding any law or rule governing extension of service, a public utility that provides gas service may, on a nondiscriminatory basis, extend service in rural areas without a deposit or other adequate assurance of performance from the customer, to the extent that the extension of service results in a positive contribution to the utility's overall cost of service over a twenty (20) year period. However, if the public utility determines that the extension of service to a targeted economic development project will not result in a positive contribution to the utility's overall cost of service over a twenty (20) year period, the public utility may require a deposit or other adequate assurance of performance from:
(1) the developer of the targeted economic development project; or
(2) a local, regional, or state economic development organization.
As added by P.L.133-2013, SEC.5. Amended by P.L.89-2019, SEC.5.