reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-2. "Clean Energy Projects"

Sec. 2. As used in this chapter, "clean energy projects" means any of the following:
(1) Any of the following projects:
(A) Projects at new energy production or generating facilities that employ the use of clean coal technology and that produce energy, including substitute natural gas, primarily from coal, or gases derived from coal, from the geological formation known as the Illinois Basin.
(B) Projects to provide advanced technologies that reduce regulated air emissions from or increase the efficiency of existing energy production or generating plants that are fueled primarily by coal or gases from coal from the geological formation known as the Illinois Basin, such as flue gas desulfurization and selective catalytic reduction equipment.
(C) Projects to provide electric transmission facilities to serve a new energy production or generating facility or a nuclear energy production or generating facility.
(D) Projects that produce substitute natural gas from Indiana coal by construction and operation of a coal gasification facility.
(E) Projects or potential projects:
(i) to construct, after June 30, 2023, one (1) or more small modular nuclear reactors in Indiana for the generation of electricity to be directly or indirectly used to furnish public utility service to Indiana customers, or at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011, under rules adopted by the commission under IC 8-1-8.5-12.1; or
(ii) that enhance the safe and reliable use of nuclear energy production or generating technologies to produce electricity.
(2) Projects to develop alternative energy sources, including renewable energy resource projects or coal gasification facilities.
(3) The purchase of fuels or energy produced by a coal gasification facility or by a nuclear energy production or generating facility.
(4) Projects described in subdivisions (1) through (2) that use coal bed methane.
(5) Projects to construct or repower a facility described in IC 8-1-37-4(a)(21).
As added by P.L.159-2002, SEC.6. Amended by P.L.174-2005, SEC.2; P.L.175-2007, SEC.12; P.L.150-2011, SEC.3; P.L.155-2022, SEC.2; P.L.83-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-3. "Clean Coal Technology"

Sec. 3. As used in this chapter, "clean coal technology" means a technology (including precombustion treatment of coal):
(1) that is used in a new or existing energy production or generating facility and directly or indirectly reduces or avoids airborne emissions of sulfur, mercury, or nitrogen oxides or other regulated air emissions associated with the combustion or use of coal; and
(2) that either:
(A) was not in general commercial use at the same or greater scale in new or existing facilities in the United States at the time of enactment of the federal Clean Air Act Amendments of 1990 (P.L.101-549); or
(B) has been selected by the United States Department of Energy for funding or loan guaranty under an Innovative Clean Coal Technology or loan guaranty program under the Energy Policy Act of 2005, or any successor program, and is finally approved for such funding or loan guaranty on or after the date of enactment of the federal Clean Air Act Amendments of 1990 (P.L.101-549).
As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-4. "Coal Gasification Facility"

Sec. 4. As used in this chapter, "coal gasification facility" means a facility in Indiana that uses a manufacturing process that converts coal into a clean gas that can be used:
(1) as a fuel to generate energy; or
(2) as substitute natural gas.
As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.14; P.L.150-2011, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-5. "Costs Associated With Qualified Utility System Property"

Sec. 5. As used in this chapter, "costs associated with qualified utility system property" means capital, operation, maintenance, depreciation, tax costs, and financing costs of or for qualified utility system property.
As added by P.L.159-2002, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-6. "Eligible Business"

Sec. 6. As used in this chapter, "eligible business" means a business that is an energy utility (as defined in IC 8-1-2.5-2), a joint agency (as defined in IC 8-1-2.2-2), or an owner of a coal gasification facility and that:
(1) proposes to construct or repower a new energy production or generating facility;
(2) proposes to construct or repower a project described in section 2(1) or 2(2) of this chapter;
(3) undertakes a project to develop alternative energy sources, including renewable energy resource projects or coal gasification facilities;
(4) purchases fuels or energy produced by a coal gasification facility or by a nuclear energy production or generating facility; or
(5) proposes to construct or repower a facility described in IC 8-1-37-4(a)(21).
As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.15; P.L.150-2011, SEC.5; P.L.83-2023, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-7. "Group"

Sec. 7. As used in this chapter, "group" refers to the forecasting group established by IC 8-1-8.5-3.5.
As added by P.L.159-2002, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-8. "New Energy Production or Generating Facility"

Sec. 8. (a) As used in this chapter, "new energy production or generating facility" refers to a generation or coal gasification facility that satisfies all of the following:
(1) The facility produces energy primarily from coal or gases from coal from the geological formation known as the Illinois Basin.
(2) The facility is a:
(A) newly constructed or newly repowered energy plant; or
(B) newly constructed capacity expansion at an existing plant;
dedicated primarily to serving Indiana retail customers.
(3) The repowering, construction, or expansion of the facility was begun by an Indiana utility after July 1, 2002.
(4) Except for a facility that is a clean energy project under section 2(2) of this chapter, the facility has an aggregate rated electric generating capacity of at least one hundred (100) megawatts for all units at one (1) site or a generating capacity of at least four hundred thousand (400,000) pounds per hour of steam.
(b) The term includes the transmission lines, gas transportation facilities, and associated equipment employed specifically to serve a new energy production or generating facility.
As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.16; P.L.150-2011, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-8.5. "Nuclear Energy Production or Generating Facility"

Sec. 8.5. (a) As used in this chapter, "nuclear energy production or generating facility" means:
(1) an energy production or generation facility that:
(A) uses a nuclear reactor as its heat source to provide steam to a turbine generator to produce or generate electricity;
(B) supplies electricity to Indiana retail customers on July 1, 2011;
(C) is dedicated primarily to serving Indiana customers; and
(D) is undergoing a comprehensive life cycle management project to enhance the safe and reliable operation of the facility during the period the facility is licensed to operate by the United States Nuclear Regulatory Commission; or
(2) a small modular nuclear reactor that is constructed after June 30, 2023:
(A) in Indiana for the generation of electricity to be directly or indirectly used to furnish public utility service to Indiana customers; or
(B) at the site of a nuclear energy production or generating facility that supplies electricity to Indiana retail customers on July 1, 2011;
under rules adopted by the commission under IC 8-1-8.5-12.1.
(b) The term includes the transmission lines and other associated equipment employed specifically to serve a nuclear energy production or generating facility.
As added by P.L.150-2011, SEC.7. Amended by P.L.155-2022, SEC.3; P.L.11-2023, SEC.36.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-8.7. "Qualified Utility System Expenses"

Sec. 8.7. As used in this chapter, "qualified utility system expenses" means the costs associated with the study, analysis, or development of a life cycle management project for a nuclear energy production or generating facility.
As added by P.L.150-2011, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-9. "Qualified Utility System Property"

Sec. 9. As used in this chapter, "qualified utility system property" means any:
(1) new energy production or generating facility; or
(2) nuclear energy production or generating facility;
used, or to be used, in whole or in part, by an energy utility to provide retail energy service (as defined in IC 8-1-2.5-3) regardless of whether that service is provided under IC 8-1-2.5 or another provision of this article.
As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.17; P.L.150-2011, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-10. "Renewable Energy Resources"

Sec. 10. (a) As used in this chapter "renewable energy resource" means the following:
(1) A clean energy resource listed in:
(A) IC 8-1-37-4(a)(1) through IC 8-1-37-4(a)(16);
(B) IC 8-1-37-4(a)(22); or
(C) IC 8-1-37-4(a)(23).
(2) Low temperature, oxygen starved gasification of municipal solid waste.
(3) Methane recovered from landfills for the production of electricity.
(b) Except for energy described in subsection (a)(2) and IC 8-1-37-4(a)(9), the term does not include energy from the incinerations, burning, or heating of any of the following:
(1) Tires.
(2) General household, institutional, commercial, industrial lunchroom, office, or landscape waste.
(c) The term excludes treated or painted lumber.
As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.18; P.L.151-2009, SEC.4; P.L.95-2010, SEC.1; P.L.96-2011, SEC.1; P.L.150-2011, SEC.10; P.L.224-2011, SEC.1; P.L.13-2013, SEC.29; P.L.152-2022, SEC.1; P.L.83-2023, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-10.2. "Small Modular Nuclear Reactor"

Sec. 10.2. (a) As used in this chapter, "small modular nuclear reactor" means a nuclear reactor that:
(1) has a rated electric generating capacity of not more than four hundred seventy (470) megawatts;
(2) is capable of being constructed and operated, either:
(A) alone; or
(B) in combination with one (1) or more similar reactors if additional reactors are, or become, necessary;
at a single site; and
(3) is required to be licensed by the United States Nuclear Regulatory Commission.
(b) The term includes a nuclear reactor that:
(1) is described in subsection (a); and
(2) uses a process to produce hydrogen that can be used:
(A) for energy storage;
(B) as a fuel; or
(C) for other uses.
As added by P.L.155-2022, SEC.4. Amended by P.L.33-2023, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-11. Incentives for Clean Energy Projects; Application to Commission; Commission's Time for Determining Eligibility

Sec. 11. (a) The commission shall encourage clean energy projects by creating the following financial incentives for clean energy projects, if the projects are found to be just and reasonable:
(1) The timely recovery of costs and expenses incurred during construction and operation of projects described in section 2(1), 2(2), or 2(5) of this chapter. The commission may not approve a financial incentive under this subdivision unless the commission finds that the eligible business has demonstrated that the timely recovery of costs and expenses incurred during the construction and operation of the project:
(A) is just and reasonable; and
(B) in the case of construction financing costs, will result in a gross financing costs savings over the life of the project.
(2) Financial incentives for the purchase of fuels or energy produced by a coal gasification facility or by a nuclear energy production or generating facility, including cost recovery.
(3) Financial incentives for projects to develop alternative energy sources, including renewable energy resource projects or coal gasification facilities.
(4) Other financial incentives the commission considers appropriate.
(b) An eligible business must file an application to the commission for approval of a clean energy project under this section. This chapter does not relieve an eligible business of the duty to obtain any certificate required under IC 8-1-8.5 or IC 8-1-8.7. An eligible business seeking a certificate under IC 8-1-8.5 or IC 8-1-8.7 and this chapter for one (1) project may file a single application for all necessary certificates. If a single application is filed, the commission shall consider all necessary certificates at the same time.
(c) The commission shall promptly review an application filed under this section for completeness. The commission may request additional information the commission considers necessary to aid in its review.
(d) The commission shall, after notice and hearing, issue a determination of a project's eligibility for the financial incentives described in subsection (a) not later than:
(1) one hundred twenty (120) days after the date of the application; or
(2) the time frame set forth in IC 8-1-8.5-5(b) if a certificate under IC 8-1-8.5 is required for the project;
unless the commission finds that the applicant has not cooperated fully in the proceeding.
As added by P.L.159-2002, SEC.6. Amended by P.L.150-2011, SEC.11; P.L.83-2023, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-12. Recovery of Costs; Rate Adjustment Mechanisms

Sec. 12. (a) The commission shall provide financial incentives to eligible businesses for:
(1) new energy production or generating facilities; and
(2) nuclear energy production or generating facilities;
in the form of timely recovery of the costs incurred in connection with the study, analysis, development, siting, design, licensing, permitting, construction, repowering, expansion, life cycle management, operation, or maintenance of the facilities.
(b) An eligible business seeking authority to timely recover the costs described in subsection (a) must apply to the commission for approval of a rate adjustment mechanism in the manner determined by the commission.
(c) An application must include the following:
(1) A schedule for the completion of construction, repowering, life cycle management, or expansion of the facility for which rate relief is sought.
(2) Copies of the most recent integrated resource plan filed with the commission, if applicable.
(3) The amount of capital investment by the eligible business in the facility.
(4) Other information the commission considers necessary.
(d) The commission shall allow an eligible business to recover:
(1) the costs associated with qualified utility system property; and
(2) qualified utility system expenses;
if the eligible business provides substantial documentation that the expected costs and expenses and the schedule for incurring those costs and expenses are reasonable and necessary.
(e) The commission shall allow an eligible business to recover the costs associated with the purchase of fuels or energy produced by a coal gasification facility or by a nuclear energy production or generating facility if the eligible business provides substantial documentation that the costs associated with the purchase are reasonable and necessary.
(f) A retail rate adjustment mechanism proposed by an eligible business under this section may be based on actual or forecasted data. If forecast data is used, the retail rate adjustment mechanism must contain a reconciliation mechanism to correct for any variance between the forecasted costs and the actual costs.
As added by P.L.159-2002, SEC.6. Amended by P.L.175-2007, SEC.19; P.L.150-2011, SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-13. Monthly Report to Lieutenant Governor Required

Sec. 13. An eligible business shall file a monthly report with the lieutenant governor stating the following information:
(1) The amount of Illinois Basin coal, if any, purchased during the previous month for use in a new energy production or generating facility.
(2) The amount of any fuel or energy produced by:
(A) a coal gasification facility; or
(B) a nuclear energy production or generating facility;
that is purchased by the eligible business during the previous month.
(3) Any other information the lieutenant governor may reasonably require.
As added by P.L.159-2002, SEC.6. Amended by P.L.1-2006, SEC.151; P.L.175-2007, SEC.20; P.L.150-2011, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-14. Annual Study of Renewable Energy Resources

Sec. 14. The group shall conduct an annual study on the:
(1) use of;
(2) availability of; and
(3) economics of using;
in Indiana the clean energy resources listed in IC 8-1-37-4(a)(1) through IC 8-1-37-4(a)(6) and in IC 8-1-37-4(a)(22). The commission may direct the group to study additional clean energy resources as the commission considers appropriate. Each year, the group shall submit a report on the study to the commission for inclusion in the commission's annual report to the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4 in an electronic format under IC 5-14-6. The commission shall direct the group concerning the appropriate level of detail for the report. The report must include suggestions from the group to encourage the development and use of clean energy resources and technologies appropriate for use in Indiana.
As added by P.L.159-2002, SEC.6. Amended by P.L.71-2009, SEC.2; P.L.150-2011, SEC.14; P.L.53-2014, SEC.78; P.L.152-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.8. Utility Generation and Clean Coal Technology › 8-1-8.8-15. Commission's Power to Review Approved Projects

Sec. 15. The commission may review any project approved under this chapter to determine that the project continues to comply with the commission's order initially approving incentives under this chapter. The commission may revoke any incentive approved in the order if the commission finds that the project no longer complies with the provisions of the order concerning the incentive.
As added by P.L.159-2002, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-0.3. General Assembly Findings of Fact

Sec. 0.3. The general assembly finds the following:
(1) The development of coal gasification facilities in Indiana that would use local coal resources for the production of substitute natural gas is in the public interest for purposes of:
(A) reducing the reliance of Indiana energy utilities on gas imports;
(B) mitigating price and supply risk;
(C) improving price stability; and
(D) promoting economic development and job creation.
(2) Coal gasification is encouraged by federal policies intended to increase the energy independence of the United States, including through the availability of tax incentives and loan guarantees.
(3) Indiana has the necessary resources and infrastructure suitable for development of coal gasification facilities.
(4) The receipt of federal incentives for the development, construction, and financing of new coal gasification facilities in Indiana will be enhanced by Indiana energy utilities entering into long term contracts for the purchase of substitute natural gas produced by such facilities.
(5) It is necessary to allow Indiana energy utilities to recover, through rate adjustments for the utility's customers, costs incurred from entering into supply contracts for substitute natural gas in order to promote the creation of such contracts without causing Indiana energy utilities to incur undue risk.
As added by P.L.220-2011, SEC.186.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-1. "Assignee" Defined

Sec. 1. (a) As used in this chapter, "assignee" means any individual, corporation, or other legal entity to which an SNG property interest is transferred.
(b) The term includes an assignee of a person described in subsection (a).
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-2. "Commission" Defined

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.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-3. "Energy Utility" Defined

Sec. 3. As used in this chapter, "energy utility" has the meaning set forth in IC 8-1-2.5-2.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-4. "Financing Entity" Defined

Sec. 4. As used in this chapter, "financing entity" means a person that provides:
(1) equity financing; or
(2) debt financing;
that is secured by an SNG property interest.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-5. "Qualified Contract" Defined

Sec. 5. As used in this chapter, "qualified contract" means a contract with a term of at least thirty (30) years for the sale of substitute natural gas to an energy utility.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-6. "Qualified Cost" Defined

Sec. 6. As used in this chapter, "qualified cost" means any cost incurred by an energy utility in purchasing substitute natural gas under a qualified contract.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-7. "Qualified Order" Defined

Sec. 7. As used in this chapter, "qualified order" means a final and irrevocable order that:
(1) is issued by the commission; and
(2) approves a qualified contract adopted in accordance with this chapter and IC 8-1-2-42.1.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-8. "Substitute Natural Gas" Defined

Sec. 8. As used in this chapter, "substitute natural gas" or "SNG" has the meaning set forth in IC 8-1-2-42.1(a).
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-9. "Sng Property Interest" Defined

Sec. 9. As used in this chapter, "SNG property interest" means the right, title, and interest that:
(1) are held by an energy utility or its assignee;
(2) are created by a qualified order; and
(3) entitle the energy utility or its assignee to recover qualified costs under IC 8-1-2-42.1.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-10. "Sng Seller" Defined

Sec. 10. As used in this chapter, "SNG seller" means any individual, corporation, or other legal entity that engages in the production and sale of substitute natural gas.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-11. Qualified Order for Cost Recovery

Sec. 11. (a) Notwithstanding any other law, the commission may, in accordance with this chapter and IC 8-1-2-42.1, issue a qualified order that:
(1) approves the terms of a qualified contract; and
(2) authorizes the recovery of qualified costs by an energy utility from its customers.
(b) A qualified order issued under this section may not be:
(1) rescinded;
(2) nullified; or
(3) modified;
in such a manner that reduces or otherwise impairs the value of an SNG property interest.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-12. Sng Property Interest; Property Rights

Sec. 12. (a) An SNG property interest, including any right to future purchases of substitute natural gas during the term of a qualified contract, constitutes a present property right.
(b) Qualified costs recovered by an energy utility under a qualified order constitute proceeds of only the SNG property interest that is created by the qualified order.
(c) If the commission issues a qualified order under section 11 of this chapter, the state covenants and agrees, for the benefit of the energy utility and any assignee or financing entity involved, that the state will not take or permit any action that would:
(1) reduce or otherwise impair the value of the SNG property interest created by the qualified order; or
(2) limit, alter, or impair:
(A) the qualified order;
(B) the SNG property interest created by the qualified order; or
(C) qualified costs that are:
(i) imposed on and collected by the energy utility; and
(ii) remitted to the SNG seller;
under the terms of the qualified contract;
until the qualified contract has been performed in full.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-13. Sng Property Interest; Assignability

Sec. 13. (a) An energy utility may assign an SNG property interest to an assignee, including:
(1) another party to the qualified contract; or
(2) a financing entity.
An assignee may in turn assign an SNG property interest to a financing entity that provides financing to the assignee.
(b) An assignment to a financing entity under this section may be:
(1) an absolute assignment of the SNG property interest; or
(2) an assignment of the SNG property interest as collateral for an obligation owed to the financing entity.
(c) An assignee under this section may enforce the SNG property interest by all applicable legal and equitable means.
(d) Any amounts collected by an energy utility in connection with the sale, transfer, or disposition of substitute natural gas under a qualified contract that forms the basis of an SNG property interest assigned under this section constitute the property of the assignee. Pending the transfer of the SNG property interest to the assignee, the amounts described in this subsection shall be:
(1) segregated by the energy utility; and
(2) held in trust for the benefit of the assignee;
subject to the terms of the qualified contract that forms the basis of the SNG property interest that is being assigned.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-14. Sng Property Interest; Bankruptcy Setoff

Sec. 14. The interests of an assignee in:
(1) an SNG property interest transferred to the assignee under section 13 of this chapter; and
(2) any revenues or collections arising from the SNG property interest transferred;
are not subject to setoff by the energy utility that transferred the SNG property interest, or by any other person, in connection with any bankruptcy proceeding involving the energy utility.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-15. Sng Property Interest; True Sale

Sec. 15. (a) If an agreement by an energy utility or an assignee to assign an SNG property interest expressly states that the assignment is a sale or is otherwise an absolute transfer:
(1) the resulting transaction:
(A) is a true sale; and
(B) is not a secured transaction; and
(2) title, both legal and equitable, passes to the person to which the SNG property interest is assigned.
(b) A transaction resulting from an agreement described in subsection (a) is a true sale regardless of whether:
(1) the assignee has recourse against the assignor; or
(2) the agreement provides for any of the following:
(A) The assignor's retention of an equity interest in the SNG property interest transferred.
(B) Continuing obligations of the energy utility under the qualified contract, including the obligation of the energy utility to serve as the collector of qualified costs.
(C) The treatment of the transfer as a financing for tax, financial reporting, or other purposes.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-17. Sng Property Interest; Status of Parties to Transaction

Sec. 17. An assignee or a financing party is not considered an energy utility solely by virtue of its participation in any transaction described in this chapter.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-18. Sng Property Interest; Successor Obligations

Sec. 18. Any entity that becomes a successor to an energy utility as the result of:
(1) any bankruptcy, reorganization, or other insolvency proceeding;
(2) any merger, sale, or transfer involving the energy utility; or
(3) the operation of law;
or for any other reason, shall perform and satisfy any obligations of the energy utility incurred under this chapter in the same manner and to the same extent as the energy utility would have been obligated to perform, including the obligation to pay to an assignee any funds collected by the energy utility in connection with the SNG property interest assigned to the assignee.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-19. Sng Property Interest; Sng Seller Contract With Energy Utility

Sec. 19. An SNG seller that is an assignee may contract with the energy utility, in the qualified contract or in another contract, for the performance of services related to the sale of substitute natural gas under the qualified contract, including:
(1) the transportation and distribution of substitute natural gas; and
(2) billing, collection, and other related services;
according to terms and conditions that reasonably compensate the energy utility for its services and adequately secure payment to the SNG seller.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 8.9. Financing of Substitute Natural Gas Costs › 8-1-8.9-20. Sng Property Interest; Sng Seller Rights

Sec. 20. If an energy utility makes a true sale of an SNG property interest to an SNG seller under section 15 of this chapter, the SNG seller:
(1) retains title to all substitute natural gas distributed by the energy utility to the energy utility's retail end use customers;
(2) is entitled to all amounts collected by the energy utility from its retail end use customers for the distribution of the substitute natural gas, subject to the terms of the qualified contract; and
(3) has the same rights to payments made by the energy utility's retail end use customers as does the energy utility that provides the substitute natural gas to those customers.
As added by P.L.175-2007, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 9. Relocation of Utilities in Highway Rights-of-Way › 8-1-9-1. Public Policy

Sec. 1. Recognizing that (a) part of the national system of interstate and defense highways located in Indiana are used by persons residing throughout Indiana and the United States for intrastate and interstate travel; (b) the cost of relocation of utility facilities necessitated by construction, reconstruction, change or modification of said highways is presently subject to being borne by utility rate payers only; and (c) existing federal legislation makes available a substantial portion of the funds with which said highways will be constructed, reconstructed, changed or modified, it is hereby declared that it is inequitable for rate payers of utilities to bear the cost of relocation of utility facilities necessitated by said highway construction, reconstruction, change or modification and that such cost of relocation of utility facilities should constitute a cost of construction of all of said highway projects in Indiana.
Formerly: Acts 1961, c.112, s.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 9. Relocation of Utilities in Highway Rights-of-Way › 8-1-9-2. Definitions

Sec. 2. When used in this chapter, the term:
(a) "Utility" shall include all privately, municipally, publicly, or cooperatively owned systems for supplying communications, power, light, heat, electricity, gas, water, pipeline, sewer, sewage disposal, drain, or like service, directly or indirectly, to the public.
(b) "Cost of relocation" shall include the entire amount paid by a utility properly attributable to such relocation, after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.
(c) "Highway" when used in this chapter shall mean only those routes which are included within the national system of interstate and defense highways.
Formerly: Acts 1961, c.112, s.2. As amended by P.L.59-1984, SEC.62.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 9. Relocation of Utilities in Highway Rights-of-Way › 8-1-9-3. Audits

Sec. 3. The cost of relocation of a utility facility is a cost of highway construction and shall be paid by the state in the same manner other costs of construction of the highway are paid. All relevant books, records, and accounts of any public utility to which a payment for a relocation has been made by the state shall be audited by the Indiana department of transportation auditor and the utility, following the audit, shall refund any portion of the payment the state determines was not properly compensable.
Formerly: Acts 1961, c.112, s.3; Acts 1965, c.321, s.1. As amended by Acts 1980, P.L.74, SEC.34; P.L.18-1990, SEC.25.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 9. Relocation of Utilities in Highway Rights-of-Way › 8-1-9-4. New Location; Right to Operate

Sec. 4. In the case of any such relocation of facilities, the utility owning or operating the same, its successors, or assigns, may maintain and operate such facilities, with the necessary appurtenances in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations.
Formerly: Acts 1961, c.112, s.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 9. Relocation of Utilities in Highway Rights-of-Way › 8-1-9-5. Certain Projects; Payment of Initial Cost

Sec. 5. Notwithstanding any other provisions of this chapter, the Indiana department of transportation may pay the initial cost of relocating a utility facility if all of the following conditions have been met:
(1) The utility facility is owned by a political subdivision of this state.
(2) The removal of the utility facility is incurred as the result of a federally funded highway or railroad-highway improvement project.
(3) The relocation qualifies for initial cost of construction with state funds as a part of the federal-aid project cost.
(4) A federal-aid project agreement is entered into with the Federal Highway Administration.
(5) The department has been assured reimbursement for all costs by the Federal Highway Administration, the political subdivision, or both.
As added by Acts 1982, P.L.73, SEC.1. Amended by P.L.18-1990, SEC.26.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 10. Public Utility Accounting Practices › 8-1-10-1. Payments Unlawful

Sec. 1. Whenever an order has been lawfully made upon any public utility by the commission under the provisions of IC 8-1-2 or by the Indiana department of health under the provisions of IC 16-41-24, it shall be unlawful for such public utility, or any officer thereof, to pay any funds from its treasury to any other public utility for the purpose of concealing its income or assets or otherwise diverting the funds from their proper uses.
Formerly: Acts 1915, c.57, s.1. As amended by P.L.59-1984, SEC.63; P.L.23-1988, SEC.41; P.L.2-1992, SEC.81; P.L.2-1993, SEC.62; P.L.56-2023, SEC.53.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 10. Public Utility Accounting Practices › 8-1-10-2. Fines and Penalties

Sec. 2. Any person, firm, limited liability company, or corporation violating any provision of section 1 of this chapter shall become liable to a penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) for each offense, to be recovered in an action in the proper circuit or superior court, by the state of Indiana on the relation of the attorney general or any prosecuting attorney, and such penalty, when recovered, shall be paid into the state treasury, for the use of the state.
Formerly: Acts 1915, c.57, s.2. As amended by P.L.59-1984, SEC.64; P.L.8-1993, SEC.121.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 11.1. Department of Public Utilities of Consolidated City › 8-1-11.1-2. Board of Directors; Appointment of Officers; Compensation; Meetings; Employee Bonds

Sec. 2. (a) The members of such board of directors for utilities shall hold a meeting on the second Monday of January of each year for the purpose of organization and to elect officers for the ensuing year. They shall choose one (1) of their members president, another vice-president, another secretary, and another treasurer, who shall perform the duties usually pertaining to those offices. Such officers so chosen shall serve from the date of their election until their successors are duly elected and qualified.
(b) The members of such board of directors for utilities shall each be paid a salary for their services as such directors at the rate of six hundred dollars ($600) per annum during the period of service. A majority of the members of said board of directors shall constitute a quorum, and the concurrence of a majority of such membership shall be necessary to any action of such board. Such board of directors shall hold an annual meeting on the second Monday of January of each year, at the general offices of such board, and such other regular meetings at such times as it may determine, and upon such notice as it may fix, by rule or regulation. It shall be authorized to make such by-laws and regulations as it may deem necessary for the safe, economical and efficient management and protection of the properties entrusted to its care. Such board of directors shall require any officer or employee having custody of funds to give bond in such reasonable amount as the board may prescribe, the expense of which bonds shall be paid by the department of public utilities of such city.
[Pre-Local Government Recodification Citation: 19-3-24-2.]
As added by Acts 1981, P.L.11, SEC.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 11.1. Department of Public Utilities of Consolidated City › 8-1-11.1-3.1. Board of Directors; Certain Powers and Duties Pertaining to Municipally Owned Utilities

Sec. 3.1. In addition to the other powers specified by this chapter and notwithstanding IC 8-1.5-3-1, the board of directors for utilities has all rights and powers conferred on a municipally owned utility by IC 8-1.5-3-4(b), IC 8-1.5-3-6, and IC 8-1.5-3-7. Furthermore, the board of directors for utilities shall operate as both the board and the municipal legislative body for the purposes of IC 8-1.5-3-8.
As added by Acts 1982, P.L.74, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 11.1. Department of Public Utilities of Consolidated City › 8-1-11.1-3.5. Retirement, Survivor, or Other Benefits; Increase

Sec. 3.5. (a) Every person who is receiving retirement benefits, survivor benefits or other benefits from any fund or funds established by, or under the authority of, the board of directors for utilities of the department of public utilities may have such retirement benefits, survivor benefits or any other benefits increased by an amount not to exceed two dollars ($2) per month for each year of active service prior to retirement. Such increase may be made if the board of directors for utilities of the department of public utilities shall by resolution so provide which said board of directors is hereby given power to do.
(b) Any person who is receiving a retirement, survivor or other benefit which commenced prior to January 1, 1976, shall receive such increased retirement benefits, survivor benefits or other benefits as long as he or she shall live.
[Pre-Local Government Recodification Citation: 19-3-24-3.5.]
As added by Acts 1981, P.L.11, SEC.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 11.1. Department of Public Utilities of Consolidated City › 8-1-11.1-4. Directors or Trustees; Adverse Interest in Contracts

Sec. 4. No contract shall be made for the purchase or sale of any materials or supplies on behalf of said board of directors for utilities with any trustee or director, and no trustee nor director shall have any pecuniary interest in any such contract.
[Pre-Local Government Recodification Citation: 19-3-24-4.]
As added by Acts 1981, P.L.11, SEC.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 11.1. Department of Public Utilities of Consolidated City › 8-1-11.1-5. Actions to Protect Rights of Cities

Sec. 5. The board of directors for utilities in every such city may, in the name of the city, bring any such action which it deems proper in order to protect the property rights of said city with reference to any such utility property so under the control of such board, or to secure the more effective carrying out of the purposes of this chapter with reference to the erection, maintenance and operation of any such utility property or properties.
[Pre-Local Government Recodification Citation: 19-3-24-5.]
As added by Acts 1981, P.L.11, SEC.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 11.1. Department of Public Utilities of Consolidated City › 8-1-11.1-6. Utility Districts; Creation

Sec. 6. All of the territory included within the corporate limits of any said city shall become and constitute a utility district for the purpose of providing for the furnishing of utility service in such lines of utility operation as may be taken over or owned by said city, and thereafter said utility district shall be deemed duly created and established under and pursuant to the provisions of this chapter.
[Pre-Local Government Recodification Citation: 19-3-24-6.]
As added by Acts 1981, P.L.11, SEC.43.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 11.1. Department of Public Utilities of Consolidated City › 8-1-11.1-7. Expenses; Procedure for Payment

Sec. 7. All preliminary expenses actually incurred by such board of directors in providing necessary records, the employment of clerks, engineers, attorneys and other employees, the making of surveys, and all other expenses of whatsoever nature necessary to be paid prior to the actual taking over and operation of any utility plant and the collection of revenues therefrom, shall be met and paid in the following manner: Said board of directors for utilities shall from time to time certify such items of expense to the controller of such city, directing the controller to pay the several amounts of the items of expense, and thereupon said controller shall at once draw a warrant or warrants upon the county treasurer, which warrant or warrants shall be paid out of the general funds of such city not theretofore appropriated, without a special appropriation being made for the payment of the warrant or warrants by the city-county council; or in case there are no such general funds of said city not otherwise appropriated, the city controller shall recommend to the city-county council the temporary transfer of other funds of such city as is necessary to meet such items of expense, or the making of a temporary loan for such purpose, and such council shall, thereupon at once make such transfer of funds or authorize such temporary loan in the same manner that other temporary loans are made by such city. However, the fund or funds of such city from which such payments are made shall be fully reimbursed and repaid with six percent (6%) interest by such board of directors for utilities out of the first receipts from the operation of any such utility by said board which are not needed to defray current operating expenses and the expenses of imperative betterments.
[Pre-Local Government Recodification Citation: 19-3-24-7.]
As added by Acts 1981, P.L.11, SEC.43. Amended by P.L.136-2018, SEC.62.