reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 29. Telecommunications Customers › 8-1-29-6. Adoption of Rules

Sec. 6. The commission shall adopt rules under IC 4-22-2 to implement IC 8-1-29-5.5. The commission's rules shall ensure that a customer of a telecommunications provider is not:
(1) switched to another telecommunications provider without the customer's authorization; or
(2) billed for additional services by a telecommunications provider that without the customer's authorization added the services to the customer's service order.
The rules adopted under this section must be consistent with rules adopted by the Federal Communications Commission concerning verification procedures for the switching of a customer's telecommunications provider.
As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 29. Telecommunications Customers › 8-1-29-7. Complaints; Hearings

Sec. 7. A complaint may be filed with the commission by any of the following:
(1) A customer of a telecommunications provider who has been:
(A) switched by one (1) telecommunications provider to another telecommunications provider without the customer's authorization; or
(B) billed for services by a telecommunications provider that without the customer's authorization added the services to the customer's service order.
(2) A telecommunications provider that has been removed as a customer's telecommunications provider without the customer's authorization.
(3) The commission on its own motion.
(4) The office of the utility consumer counselor.
A hearing held on a complaint filed under this section must be consistent with IC 8-1-1-8.
As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 29. Telecommunications Customers › 8-1-29-7.5. Civil Penalties

Sec. 7.5. (a) If after notice and hearing the commission finds that a telecommunications provider has violated:
(1) section 5 of this chapter; or
(2) rules adopted under section 6 of this chapter;
the commission may impose a civil penalty of not more than two thousand five hundred dollars ($2,500) for each offense.
(b) The secretary of the commission shall deposit civil penalties collected under subsection (a) in the state general fund.
As added by P.L.65-1999, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 29. Telecommunications Customers › 8-1-29-8. Referral of Violations to Attorney General as Deceptive Acts

Sec. 8. The commission may refer a violation of section 5 of this chapter or rules adopted under section 6 of this chapter to the attorney general as a deceptive act. If a violation of section 5 of this chapter or rules adopted under section 6 of this chapter is referred to the attorney general as a deceptive act, the person who commits the violation commits a deceptive act that is actionable by the attorney general and the customer and is subject to the remedies and penalties under IC 24-5-0.5.
As added by P.L.92-1998, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 29.5. Enforcement Remedies for Prohibited Actions by Telecommunications Service Providers and Video Service Providers › 8-1-29.5-2. Application of Definitions

Sec. 2. Except as otherwise provided, the definitions in IC 8-1-2.6 apply throughout this chapter.
As added by P.L.27-2006, SEC.53.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 29.5. Enforcement Remedies for Prohibited Actions by Telecommunications Service Providers and Video Service Providers › 8-1-29.5-3. "Certificate Holder"

Sec. 3. As used in this chapter, "certificate holder" refers to a person holding a certificate of franchise authority issued under IC 8-1-34-17.
As added by P.L.27-2006, SEC.53.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 29.5. Enforcement Remedies for Prohibited Actions by Telecommunications Service Providers and Video Service Providers › 8-1-29.5-4. "Commission"

Sec. 4. 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.27-2006, SEC.53.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 29.5. Enforcement Remedies for Prohibited Actions by Telecommunications Service Providers and Video Service Providers › 8-1-29.5-5. "Customer"

Sec. 5. As used in this chapter, "customer", with respect to a provider, refers to either of the following:
(1) A residential customer.
(2) A business customer.
As added by P.L.27-2006, SEC.53.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 29.5. Enforcement Remedies for Prohibited Actions by Telecommunications Service Providers and Video Service Providers › 8-1-29.5-7. Factors Commission May Consider in Imposing Civil Penalty; Waiver of Civil Penalty; Use of Civil Penalties Collected

Sec. 7. (a) In imposing a civil penalty under section 6(b)(4) of this chapter, the commission may consider the following factors:
(1) The duration and gravity of the offense, including the number of customers affected.
(2) Economic benefits accrued by the provider or certificate holder as a result of the offense.
(3) The amount of a civil penalty that will deter future offenses by the provider or certificate holder.
(4) The market share of the provider or certificate holder in the affected service areas.
(5) Good faith of the provider or certificate holder in attempting to remedy the offense after receiving notification of the offense.
(b) If the commission waives a civil penalty for any offense described in section 6(b)(4) of this chapter, the commission must make a written finding as to why it is waiving the civil penalty. The commission may waive a civil penalty under section 6(b)(4) of this chapter if the commission finds that the offense is the result of any of the following:
(1) Technological infeasibility.
(2) An act of God.
(3) A defect in, or prohibited use of, customer provided equipment.
(4) A negligent act of a customer.
(5) An emergency situation.
(6) Unavoidable casualty.
(c) The secretary of the commission shall direct a civil penalty imposed and collected under section 6(b)(4) of this chapter as follows:
(1) A civil penalty imposed for an offense that directly affects retail customers must be refunded directly to the customers of the provider or certificate holder in the form of credits on customer bills.
(2) A civil penalty imposed for an offense not described in subdivision (1) must be deposited into an account designated by the Indiana economic development corporation for use by the corporation in making loans or grants to broadband developers and operators.
As added by P.L.27-2006, SEC.53. Amended by P.L.162-2007, SEC.29; P.L.177-2018, SEC.10; P.L.189-2018, SEC.64.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30. Operation of Certain Water and Sewer Utilities › 8-1-30-2. "Utility Company" Defined

Sec. 2. As used in this chapter, "utility company" refers to either of the following:
(1) A public utility that provides water or sewer service.
(2) A regional sewer and water district.
The term does not include a municipally owned utility.
As added by P.L.145-1999, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30. Operation of Certain Water and Sewer Utilities › 8-1-30-3. Commission Review of Operations

Sec. 3. (a) The commission may review any of the following or any combination of the following aspects of a utility company's operations:
(1) Technical, financial, and managerial capacity.
(2) Physical condition and capacity of the utility company's plant.
(3) Compliance with Indiana or federal law or the commission's orders.
(4) Provision of service to customers.
(b) The commission may conduct a review under this section upon its own motion, a request of the office of the utility consumer counselor, or upon the filing of a complaint by a customer of the utility company. The commission's order for review must state facts to justify a review by the commission.
As added by P.L.145-1999, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30. Operation of Certain Water and Sewer Utilities › 8-1-30-4. Findings of Violations

Sec. 4. The commission may issue orders under section 5 of this chapter if the commission finds either of the following:
(1) The utility company has continued violations of:
(A) law regulating the utility company after the commission has ordered compliance; or
(B) commission orders.
(2) The commission finds after a review conducted under section 3 of this chapter that the utility company has severe deficiencies that the utility company has failed to remedy.
As added by P.L.145-1999, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30. Operation of Certain Water and Sewer Utilities › 8-1-30-6. Municipal Requirement to Sell Utility Property

Sec. 6. (a) This section does not apply to the following:
(1) A municipality that, as of July 1, 2012, had established and operated a water utility.
(2) An action brought under:
(A) IC 8-1-2-92;
(B) IC 8-1-2-93; or
(C) IC 8-1.5-2;
before March 1, 2013.
(b) A municipality or other governmental unit may not require a utility company that provides water or sewer service to sell property used in the provision of such service to the municipality or governmental unit under IC 8-1-2-92, IC 8-1-2-93, or otherwise, unless:
(1) the commission has made all necessary findings under section 4 of this chapter; and
(2) the procedures and requirements of this chapter have been complied with and satisfied.
As added by P.L.145-1999, SEC.7. Amended by P.L.270-2013, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.3. Acquisition of Distressed Water or Wastewater Utilities › 8-1-30.3-1. "Cost Differential"

Sec. 1. As used in this chapter, "cost differential" means the difference between:
(1) the cost to a utility company that acquires utility property from an offered utility, including the purchase price, incidental expenses, and other costs of acquisition; minus
(2) the difference between:
(A) the cost of the utility property when originally put into service by the offered utility; minus
(B) contributions or advances in aid of construction plus applicable accrued depreciation.
As added by P.L.189-2015, SEC.1. Amended by P.L.229-2019, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.3. Acquisition of Distressed Water or Wastewater Utilities › 8-1-30.3-2.5. "Not-for-Profit Utility"

Sec. 2.5. As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a). The term includes a utility company owned, operated, or held in trust by a consolidated city.
As added by P.L.98-2016, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.3. Acquisition of Distressed Water or Wastewater Utilities › 8-1-30.3-2.6. "Offered Utility"

Sec. 2.6. As used in this chapter, "offered utility" means a utility company whose property is the subject of an acquisition described in section 5(a) of this chapter.
As added by P.L.229-2019, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.3. Acquisition of Distressed Water or Wastewater Utilities › 8-1-30.3-3. "Utility Company"

Sec. 3. As used in this chapter, "utility company" means:
(1) a:
(A) public utility;
(B) municipally owned utility; or
(C) not-for-profit utility;
that provides water or wastewater service; or
(2) a regional sewer or water district.
As added by P.L.189-2015, SEC.1. Amended by P.L.98-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.3. Acquisition of Distressed Water or Wastewater Utilities › 8-1-30.3-4. "Utility Property"

Sec. 4. As used in this chapter, "utility property" refers to property of a utility company that is the subject of an acquisition described in section 5(a) of this chapter.
As added by P.L.189-2015, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.3. Acquisition of Distressed Water or Wastewater Utilities › 8-1-30.3-5.5. Appraisal of Utility Property Acquired by Non-Municipal Utility; Qualification of Appraisers

Sec. 5.5. (a) For purposes of this section, an individual, or the company employing the individual, is qualified to perform an appraisal if the individual is:
(1) an engineer registered under IC 25-31; or
(2) an appraiser licensed under IC 25-34.1-8.
(b) For purposes of this section, an individual performing an appraisal, or the company employing the individual, is disinterested if:
(1) the fee for the appraisal services is fixed before the individual performs the appraisal;
(2) the individual is not an employee of one (1) of the parties to the acquisition;
(3) the individual is not a state or municipal employee; and
(4) the:
(A) individual; and
(B) company, if applicable;
do not have affiliated interests (as defined in IC 8-1-2-49) in one (1) of the parties to the acquisition.
(c) An appraisal under section 5(c)(2) of this chapter must be performed by three (3) qualified and disinterested appraisers, including:
(1) at least one (1) appraiser qualified under subsection (a)(1); and
(2) at least one (1) appraiser qualified under subsection (a)(2).
(d) If the three (3) appraisers performing an appraisal for purposes of section 5(c)(2) of this chapter cannot agree as to an appraised value, the appraisal is sufficient for purposes of section 5(c)(2) of this chapter if the appraisal is signed by two (2) of the appraisers.
As added by P.L.160-2020, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.3. Acquisition of Distressed Water or Wastewater Utilities › 8-1-30.3-6. Offered Utility; Economies of Scale; Failure to Furnish or Maintain Adequate and Reasonable Service and Facilities; Commission Findings

Sec. 6. For purposes of section 5(d)(2) of this chapter, an offered utility is too small to capture economies of scale or is not furnishing or maintaining adequate, efficient, safe, and reasonable service and facilities if the commission finds one (1) or more of the following:
(1) The offered utility violated one (1) or more state or federal statutory or regulatory requirements in a manner that the commission determines affects the safety, adequacy, efficiency, or reasonableness of its services or facilities.
(2) The offered utility has inadequate financial, managerial, or technical ability or expertise.
(3) The offered utility fails to provide water in sufficient amounts, that is palatable, or at adequate volume or pressure.
(4) The offered utility, due to necessary improvements to its plant or distribution or collection system or operations, is unable to furnish and maintain adequate service to its customers at rates equal to or less than those of the acquiring utility company.
(5) The offered utility serves fewer than eight thousand (8,000) customers.
(6) Any other facts that the commission determines demonstrate the offered utility's inability to capture economies of scale or to furnish or maintain adequate, efficient, safe, or reasonable service or facilities.
As added by P.L.189-2015, SEC.1. Amended by P.L.98-2016, SEC.5; P.L.85-2017, SEC.37; P.L.229-2019, SEC.6; P.L.160-2020, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.8. Non-Revenue Water Audits › 8-1-30.8-1. "Authority"

Sec. 1. As used in this chapter, "authority" refers to the Indiana finance authority established by IC 5-1.2-3.
As added by P.L.15-2019, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.8. Non-Revenue Water Audits › 8-1-30.8-2. "Commission"

Sec. 2. 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.15-2019, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.8. Non-Revenue Water Audits › 8-1-30.8-2.2. "Independent Evaluator"

Sec. 2.2. As used in this chapter, "independent evaluator" means a person or entity that is qualified to assess the accuracy or validity of methodology or results of an audit under this chapter. The independent evaluator must be listed as preapproved by the authority after consultation with the department, prior to undertaking an evaluation.
As added by P.L.224-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.8. Non-Revenue Water Audits › 8-1-30.8-3. "Non-Revenue Water"

Sec. 3. As used in this chapter, "non-revenue water" means the difference between:
(1) the volume of water entering a water utility's water distribution system; and
(2) the volume of water:
(A) that is received by the water utility's customers; and
(B) for which the water utility bills its customers.
As added by P.L.15-2019, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.8. Non-Revenue Water Audits › 8-1-30.8-4. "Water Utility"

Sec. 4. As used in this chapter, "water utility" means:
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h));
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) a cooperatively owned corporation;
(5) a conservancy district established under IC 14-33; or
(6) a regional water district established under IC 13-26;
that provides water service to the public in Indiana for a fee.
As added by P.L.15-2019, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.8. Non-Revenue Water Audits › 8-1-30.8-5. Annual Audit

Sec. 5. At least once in each calendar year, a water utility shall perform an audit of its water distribution system through the use of the latest version of the American Water Works Association's free water audit software, or other methodology software as the authority may direct, to determine the causes of the water utility's non-revenue water.
As added by P.L.15-2019, SEC.7. Amended by P.L.224-2023, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.8. Non-Revenue Water Audits › 8-1-30.8-6. Independent Verification; Results Submitted to Authority

Sec. 6. (a) The results of:
(1) the audit performed by a water utility under section 5 of this chapter during calendar year 2020; and
(2) the audit performed by a water utility under section 5 of this chapter during each even-numbered calendar year after 2020;
must be verified by an independent evaluator who is not employed by the water utility except for purposes of the evaluation of audits under this section.
(b) The results of an audit performed by a water utility under section 5 of this chapter during an even-numbered calendar year, as verified by an independent evaluator under subsection (a), must be submitted to the authority by August 1 of the year during which the audit is performed.
As added by P.L.15-2019, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.8. Non-Revenue Water Audits › 8-1-30.8-7. Authority to Compile and Report Results

Sec. 7. Beginning in 2020, during each even-numbered year the authority shall:
(1) compile the verified results it receives under section 6(b) of this chapter;
(2) before December 15, prepare a report that:
(A) summarizes the information contained in the verified audit results; and
(B) presents observations based on the information in the verified audit results that the authority decides to include; and
(3) deliver an electronic copy of the report to the executive director of the legislative services agency under IC 5-14-6.
As added by P.L.15-2019, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 30.8. Non-Revenue Water Audits › 8-1-30.8-8. Audits a Prerequisite to Financial Assistance

Sec. 8. To apply to the authority for a loan, a grant, or other financial assistance from:
(1) the drinking water revolving loan program established by IC 5-1.2-10; or
(2) the water infrastructure assistance program established by IC 5-1.2-14;
a water utility must demonstrate to the authority that it has complied with this chapter.
As added by P.L.15-2019, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-1.3. "Adjustment Amount"

Sec. 1.3. As used in this chapter, "adjustment amount" means the amount proposed in a petition filed under section 8 of this chapter to allow the adjustment of an eligible utility's basic rates and charges to provide for recovery of infrastructure improvement costs.
As added by P.L.209-2014, SEC.1. Amended by P.L.212-2015, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-1.5. "Adjustment Revenues"

Sec. 1.5. As used in this chapter, "adjustment revenues" means revenues produced through an adjustment amount approved under section 9 of this chapter exclusive of revenues from all other rates and charges.
As added by P.L.209-2014, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-5. "Eligible Infrastructure Improvements"

Sec. 5. As used in this chapter, "eligible infrastructure improvements" means projects that:
(1) are:
(A) new water or wastewater utility distribution or collection plant projects; or
(B) projects to relocate existing utility plant, including projects to relocate utility plant or equipment to accommodate the construction, reconstruction, or improvement of a highway, street, or road (as defined in IC 8-23-1-23), including projects under IC 8-25;
(2) do not increase revenues by connecting to new customers, even if the projects provide greater available capacity with respect to an eligible utility's distribution or collection plant; and
(3) either:
(A) for a public utility:
(i) are in service and used and useful; and
(ii) were not included in the public utility's rate base in its most recent general rate case; or
(B) for a municipally owned or not-for-profit utility:
(i) are or will be extensions or replacements of projects described in subdivision (1), as described in section 5.5(2)(B) or 5.5(3)(B) of this chapter, as applicable;
(ii) were not included on the utility's balance sheet as plant in service in the utility's most recent general rate case; and
(iii) are not infrastructure improvements that are being recovered or have been recovered through rates or another rate adjustment mechanism.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.6; P.L.212-2015, SEC.2; P.L.91-2017, SEC.6; P.L.61-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-5.2. "Eligible Utility"

Sec. 5.2. As used in this chapter, "eligible utility" means a:
(1) public utility;
(2) municipally owned utility; or
(3) not-for-profit utility;
that provides water or wastewater service and is under the jurisdiction of the commission for the approval of rates and charges.
As added by P.L.212-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-5.5. "Infrastructure Improvement Costs"

Sec. 5.5. As used in this chapter, "infrastructure improvement costs" means the following:
(1) For a public utility:
(A) depreciation expenses;
(B) property taxes to be paid by the public utility based upon the first assessment date following placement in service; and
(C) pretax return;
associated with eligible infrastructure improvements.
(2) The following for a municipally owned utility:
(A) Depreciation expenses.
(B) Adequate money for making extensions and replacements of eligible infrastructure improvements to the extent not provided for through depreciation, as provided in IC 8-1.5-3-8(c).
(C) Debt service on funds borrowed to pay for eligible infrastructure improvements.
(D) To the extent applicable, property taxes to be paid by the municipally owned utility based upon the first assessment date following placement in service of eligible infrastructure improvements.
(3) The following for a not-for-profit utility:
(A) Debt service on funds borrowed to pay for eligible infrastructure improvements.
(B) Adequate money for making extensions and replacements of eligible infrastructure improvements.
(C) To the extent applicable, property taxes to be paid by the not-for-profit utility based upon the first assessment date following placement in service of eligible infrastructure improvements.
As added by P.L.209-2014, SEC.7. Amended by P.L.212-2015, SEC.4; P.L.61-2022, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-5.9. "Not-for-Profit Utility"

Sec. 5.9. As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a). The term includes a utility company owned, operated, or held in trust by a consolidated city.
As added by P.L.212-2015, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-6. "Pretax Return"

Sec. 6. As used in this chapter, "pretax return" means the revenues necessary to:
(1) produce net operating income equal to a public utility's weighted cost of capital multiplied by the net original cost of eligible distribution or collection system improvements; and
(2) pay state and federal income taxes applicable to such income.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.8; P.L.212-2015, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-8. Petition by Eligible Utility for Rate Adjustment

Sec. 8. (a) Except as provided in subsection (d), an eligible utility may file with the commission a petition setting forth rate schedules establishing an amount that will allow the adjustment of the eligible utility's basic rates and charges to provide for recovery of infrastructure improvement costs. The adjustment:
(1) shall be calculated as a monthly fixed charge based upon meter size;
(2) shall not include recovery of any infrastructure improvement costs recovered by the eligible utility through contributions in aid of construction (as defined in IC 8-1-2-101.6); and
(3) in the case of a municipally owned utility or a not-for-profit utility, shall be recovered over a twelve (12) month period, regardless of the amount of time over which the infrastructure improvement costs were incurred.
(b) The eligible utility shall serve the office of the utility consumer counselor a copy of its filing at the time of its filing with the commission.
(c) Publication of notice of the filing is not required.
(d) An eligible utility may not file a petition under this section in the same calendar year in which the eligible utility has filed a request for a general increase in the basic rates and charges of the eligible utility.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.9; P.L.212-2015, SEC.8; P.L.91-2017, SEC.7; P.L.39-2023, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-9. Hearing and Order; Incorrect Calculation of Adjustment Amount; Authority of Commission to Provide Correct Calculation

Sec. 9. (a) When a petition is filed under section 8 of this chapter, the commission shall conduct a hearing.
(b) The office of the utility consumer counselor may do the following:
(1) Examine information of the eligible utility, limited to confirmation of the following:
(A) That the infrastructure improvements are in accordance with section 5 of this chapter.
(B) Proper calculation of the adjustment amount proposed under section 8(a) of this chapter.
(2) Submit a report, limited to confirmation of the information described in subdivision (1), to the commission not later than thirty (30) days after the petition is filed.
(c) The commission shall hold the hearing and issue its order not later than sixty (60) days after the petition is filed.
(d) If the commission finds that a petition filed under section 8 of this chapter complies with the requirements of this chapter, the commission shall enter an order approving the petition. If the commission finds that the adjustment amount has not been calculated correctly, the commission shall:
(1) provide the correct calculation of the adjustment amount; and
(2) allow the eligible utility to implement the corrected adjustment amount.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.10; P.L.212-2015, SEC.9; P.L.104-2016, SEC.2; P.L.39-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-10. Petition for Change in Initial Adjustment Amount

Sec. 10. (a) Except as provided in subsection (b), an eligible utility may, but is not required to, file a petition for a change in its initial adjustment amount not more often than one (1) time every twelve (12) months.
(b) Except as provided in section 15 of this chapter, an eligible utility may not file a petition described in subsection (a) in the same calendar year in which the eligible utility has filed a request for a general increase in the basic rates and charges of the eligible utility.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.11; P.L.212-2015, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-11. Pretax Return Factors

Sec. 11. In determining an appropriate pretax return, the commission may consider the following factors:
(1) The current state and federal income tax rates.
(2) The public utility's actual regulatory capital structure.
(3) The actual cost rates for the public utility's long term debt and preferred stock.
(4) The public utility's cost of common equity.
(5) Other components that the commission considers appropriate.
As added by P.L.94-2000, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-11.5. Allowable Recovery for Municipally Owned Utility; Factors

Sec. 11.5. In determining the amount of allowable recovery of infrastructure improvement costs for a municipally owned utility, the commission may consider the following factors:
(1) Adequate money for making extensions and replacements of eligible infrastructure improvements, to the extent not provided for through depreciation, as provided in IC 8-1.5-3-8(c).
(2) Debt service on funds borrowed to pay for eligible infrastructure improvements.
(3) Depreciation expenses on eligible infrastructure improvements based on the same rate or rates of depreciation approved by the commission for the calculation of depreciation in the utility's most recent rate case.
(4) Other expenses that the commission considers appropriate, including money for the payment of any taxes that may be assessed against the municipally owned utility.
As added by P.L.212-2015, SEC.11. Amended by P.L.61-2022, SEC.6; P.L.39-2023, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-11.6. Allowable Recovery for Not-for-Profit Utility; Factors

Sec. 11.6. In determining the amount of allowable recovery of infrastructure improvement costs for a not-for-profit utility, the commission may consider the following factors:
(1) Adequate money for making extensions and replacements of eligible infrastructure improvements.
(2) Debt service on funds borrowed to pay for eligible infrastructure improvements.
(3) Other expenses that the commission considers appropriate, including money for the payment of any taxes that may be assessed against the not-for-profit utility or its property.
As added by P.L.212-2015, SEC.12. Amended by P.L.61-2022, SEC.7; P.L.39-2023, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-12. Cost of Common Equity

Sec. 12. The cost of common equity to be used in the calculation of the charge shall be the most recent determination by the commission in a general rate proceeding of the public utility. If the commission finds that the last such determination is no longer representative of current conditions, the commission may make a new determination of the common equity cost rate for use in determining the charge, after notice and hearing. The most recent prior determination shall be used pending any redetermination.
As added by P.L.94-2000, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-13. Limit on Total Adjustment Revenues; Exceptions

Sec. 13. (a) The commission may not approve a petition filed under section 8 or 10 of this chapter to the extent it would:
(1) for a public utility, produce total adjustment revenues exceeding ten percent (10%) of the eligible utility's base revenue level approved by the commission in the eligible utility's most recent general rate proceeding; or
(2) for a municipally owned or not-for-profit utility, produce total adjustment revenues over the course of each twelve (12) month recovery period that exceed ten percent (10%) of the eligible utility's base revenue level approved by the commission in the eligible utility's most recent general rate proceeding.
(b) Subsection (a) does not apply to:
(1) infrastructure improvement costs associated with eligible infrastructure improvements that are placed in service due to the construction, reconstruction, or improvement of a highway, street, or road (as defined in IC 8-23-1-23), including projects under IC 8-25; or
(2) property taxes associated with eligible infrastructure improvements.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.12; P.L.45-2015, SEC.1; P.L.212-2015, SEC.13; P.L.137-2020, SEC.1; P.L.61-2022, SEC.8; P.L.39-2023, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-14. Adjustment Amount Calculation; Reconciliation

Sec. 14. An adjustment amount proposed under section 8 of this chapter may be calculated based on a reasonable estimate of meter size in the period in which the charge will be in effect. At the end of each twelve (12) month recovery period following the date on which the commission initially approves an adjustment amount for an eligible utility following the eligible utility's most recent general rate case, and using procedures approved by the commission, the eligible utility shall reconcile the difference between adjustment revenues and infrastructure improvement costs during the recovery period and recover or refund the difference, as appropriate, through additional adjustments. In the case of an eligible utility that is a municipally owned utility or a not-for-profit utility, the adjustment amount shall be reset to zero (0) after all previously approved infrastructure improvement costs have been collected, with the exception of any amount necessary to reconcile the difference between adjustment revenues and infrastructure improvement costs.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.13; P.L.212-2015, SEC.14; P.L.61-2022, SEC.9; P.L.39-2023, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-15. Public Utilities; Resetting of Adjustment Amount After Increase in Basic Rates and Charges

Sec. 15. A public utility for which the commission has approved a petition under section 8 or 10 of this chapter shall file revised rate schedules resetting the adjustment amount if new basic rates and charges become effective for the public utility following a commission order authorizing a general increase in rates and charges that includes in the public utility's rate base eligible infrastructure improvements reflected in the adjustment amount.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.14; P.L.212-2015, SEC.15; P.L.61-2022, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-15.5. Municipally Owned Utilities and Not-for-Profit Utilities; Resetting of Adjustment Amount Upon Approval of New Basic Rates and Charges That Include Eligible Infrastructure Improvements

Sec. 15.5. (a) This section applies only to an eligible utility that is:
(1) a municipally owned utility; or
(2) a not-for-profit utility.
(b) An eligible utility's adjustment amount approved under section 8 or 10 of this chapter shall be reset to zero (0) upon the approval of new basic rates and charges for the eligible utility by the commission in a general rate case that results in the inclusion of eligible infrastructure improvements in the eligible utility's basic rates and charges. However, an adjustment amount approved under this chapter shall not be reset to zero (0) to the extent infrastructure improvement costs approved previously by the commission have not been fully collected.
As added by P.L.61-2022, SEC.11. Amended by P.L.39-2023, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-16. Filing of Petition Not General Increase in Basic Rates and Charges

Sec. 16. For purposes of IC 8-1-2-42(a), the approval of a petition filed under section 8 or 10 of this chapter is not a general increase in basic rates and charges.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31. Infrastructure Improvement Charges › 8-1-31-17. Adoption of Other Procedures

Sec. 17. The commission may adopt by rule under IC 4-22-2 or by order other procedures not inconsistent with this chapter that the commission finds reasonable or necessary to administer this chapter.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-2. "Actual Revenues"

Sec. 2. As used in this chapter, "actual revenues" means the annual operating revenues that an eligible utility receives or accrues for a twelve (12) month period authorized for recovery through basic rates and charges approved by the commission in the eligible utility's most recent general rate case. However, the term does not include the following:
(1) Revenues received through an infrastructure improvement charge approved by the commission under IC 8-1-31.
(2) Revenues from the operation of a utility that an eligible utility acquires after the commission's most recent order establishing the eligible utility's level of annual operating revenues authorized for recovery by the eligible utility through existing rates and charges.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-3. "Adjustment Amount"

Sec. 3. As used in this chapter, "adjustment amount" means the dollar amount:
(1) by which an eligible utility's actual revenues for a twelve (12) month period differ from the eligible utility's authorized revenues for the same twelve (12) month period; and
(2) that the eligible utility seeks to recover from or credit to customers through a system integrity adjustment requested in a petition filed under section 12 or 13 of this chapter.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-4. "Adjustment Revenues"

Sec. 4. As used in this chapter, "adjustment revenues" means revenues produced through application of a system integrity adjustment. The term does not include revenue from other rates and charges.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-5. "Authorized Revenues"

Sec. 5. As used in this chapter, "authorized revenues" means the annual operating revenues of an eligible utility approved by the commission for a twelve (12) month period in the eligible utility's most recent general rate case.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-6. "Cumulative Excess or Deficit"

Sec. 6. As used in this chapter, "cumulative excess or deficit" means the amount by which an eligible utility's actual revenues are:
(1) in the case of an excess, greater than; or
(2) in the case of a deficit, less than;
the eligible utility's authorized revenues measured on a cumulative annual basis from the effective date of the commission's order in the eligible utility's most recent general rate case proceeding.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-7. "Eligible Utility"

Sec. 7. As used in this chapter, "eligible utility" means a:
(1) public utility;
(2) municipally owned utility; or
(3) not-for-profit utility;
that provides water or wastewater service and is under the jurisdiction of the commission for the approval of rates and charges.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-8. "Not-for-Profit Utility"

Sec. 8. As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a). The term includes a utility company that is owned, operated, or held in trust by a consolidated city.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-9. "System Integrity Adjustment"

Sec. 9. As used in this chapter, "system integrity adjustment" means an amount charged by an eligible utility to allow the automatic adjustment of the eligible utility's basic rates and charges to recover from or credit to customers an adjustment amount.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-10. "System Integrity Collar"

Sec. 10. As used in this chapter, "system integrity collar" means a dollar amount that is equal to the product of:
(1) an eligible utility's authorized revenues; multiplied by
(2) two hundredths (0.02).
An eligible utility's system integrity collar is satisfied when the eligible utility's cumulative excess or deficit equals or exceeds the eligible utility's system integrity collar.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-11. Limit on System Integrity Adjustment; Allocation

Sec. 11. (a) A system integrity adjustment may not exceed the product of an eligible utility's adjustment amount multiplied by ninety-four hundredths (0.94).
(b) For purposes of the credit or recovery of an adjustment amount, a system integrity adjustment must be allocated only to an eligible utility's non-industrial rate classes.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-12. Petition for System Integrity Adjustment; Requirements; Utility Consumer Counselor; Hearing and Order; Duration of System Integrity Adjustment

Sec. 12. (a) An eligible utility that is not collecting a system integrity adjustment may file with the commission a petition setting forth rate schedules that establish a system integrity adjustment to recover from or credit to customers the eligible utility's adjustment amount. The petition must establish that the eligible utility's system integrity collar has been satisfied on a cumulative basis following the effective date of the commission's order in the eligible utility's most recent general rate case. The eligible utility's system integrity collar may not be included in the calculation of its adjustment amount. The eligible utility shall certify in the petition that the eligible utility will use any adjustment revenues for eligible infrastructure improvements (as defined in IC 8-1-31-5).
(b) An eligible utility shall serve the office of the utility consumer counselor a copy of the petition at the same time the petition is filed with the commission. The office of the utility consumer counselor may do the following:
(1) Examine information of the eligible utility to confirm proper calculation of the proposed system integrity adjustment.
(2) Submit a report of the examination to the commission not later than thirty (30) days after the petition is filed.
(c) The commission shall hold a hearing on the petition and issue its order not later than ninety (90) days after the petition is filed.
(d) If the commission determines that the system integrity adjustment is properly calculated, the commission shall enter an order approving the petition. The system integrity adjustment may be collected until the earlier of the following:
(1) Forty-eight (48) months after the date set forth in the order entered under this subsection on which the eligible utility may begin collecting the system integrity adjustment.
(2) The date on which the commission issues an order in the eligible utility's next general rate case proceeding.
As added by P.L.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-13. Utility Granted System Integrity Adjustment Is Required to Petition for Change in Its Adjustment Amount

Sec. 13. (a) This section applies to an eligible utility for which the commission has issued an order approving a petition under section 12(d) of this chapter.
(b) An eligible utility shall file a petition for a change in its adjustment amount:
(1) not more than thirty (30) days after the end of each twelve (12) month period following the date on which the eligible utility files a petition under section 12 of this chapter; and
(2) until the commission issues an order in the eligible utility's next general rate case proceeding after the commission approves a system integrity adjustment.
(c) An eligible utility shall serve the office of the utility consumer counselor a copy of the petition at the same time the petition is filed with the commission.
(d) The commission shall hold a hearing on the petition and issue its order not later than ninety (90) days after the petition is filed.
As added by P.L.104-2016, SEC.3.