reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.5. System Integrity Adjustments › 8-1-31.5-14. Utility's Cumulative Excess or Deficit Must Be Reset to Zero

Sec. 14. For purposes of satisfying a system integrity collar, an eligible utility's cumulative excess or deficit shall be reset to zero (0) upon the effective date of the commission's order in the eligible utility's next general rate case proceeding after the commission approves a system integrity adjustment.
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 › 8-1-31.5-15. Utility Must Reconcile Difference Between Adjustment Amount and Adjustment Revenues

Sec. 15. At the same time an eligible utility files a petition under section 13 of this chapter, the eligible utility shall reconcile the difference between:
(1) the adjustment amount approved by the commission for a previous twelve (12) month period; and
(2) the adjustment revenues received by the eligible utility during the same twelve (12) month period.
The eligible utility may recover from or credit to customers the reconciliation amount through a system integrity adjustment by filing a petition under section 12 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 › 8-1-31.5-16. Approval of Utility's System Integrity Adjustment Petition Is Not a 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 12 or 13 of this chapter is not a general increase in basic 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 › 8-1-31.5-17. Comparison of Actual Revenues and Authorized Revenues to Be Included in Utility's Annual Report

Sec. 17. An eligible utility that:
(1) is subject to the jurisdiction of the commission; and
(2) serves five thousand (5,000) or more customers;
shall include in its annual report to the commission on a form prescribed by the commission under IC 8-1-2-12 a comparison of actual revenues and authorized revenues for the period covered by the report.
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 › 8-1-31.5-18. Rules or Procedures to Administer Chapter

Sec. 18. The commission shall 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.104-2016, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-1. "Commission"

Sec. 1. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
As added by P.L.91-2017, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-2. "Customer Lead Service Line Improvement"

Sec. 2. As used in this chapter, "customer lead service line improvement" means an expenditure that is:
(1) related to:
(A) a lead service line; or
(B) a galvanized steel service line;
owned by a customer of a water utility;
(2) made by a water utility; and
(3) related to a water utility's plan to replace lead service lines within or connected to the water utility's system, including lines owned by the customer and lines owned by the water utility.
As added by P.L.91-2017, SEC.8. Amended by P.L.15-2019, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-3. "Eligible Infrastructure Improvements"

Sec. 3. As used in this chapter, "eligible infrastructure improvements" has the meaning set forth in IC 8-1-31-5.
As added by P.L.91-2017, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-4. "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)); or
(2) a municipally owned utility (as defined in IC 8-1-2-1(h));
that provides water service to the public, and that is under the commission's authority with respect to rates and charges.
As added by P.L.91-2017, SEC.8. Amended by P.L.137-2020, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-5. Commission Approval of Water Utility's Plan for Customer Lead Service Line Improvements

Sec. 5. (a) Before a water utility may seek to include customer lead service line improvements as eligible infrastructure improvements:
(1) for purposes of IC 8-1-31, for public utilities; or
(2) for purpose of this chapter, for municipally owned utilities;
the water utility must first obtain approval from the commission of the water utility's plan for the customer lead service line improvements. To seek approval of the water utility's plan for the customer lead service line improvements, the water utility shall file with the commission a petition and a case-in-chief, including the information set forth in section 6 of this chapter.
(b) After holding a properly noticed public hearing, the commission shall approve the water utility's plan under this section if the commission makes the required findings under section 6 of this chapter.
(c) The commission shall issue the commission's final order on the water utility's petition not later than two hundred ten (210) days after the filing of the water utility's case-in-chief.
As added by P.L.91-2017, SEC.8. Amended by P.L.137-2020, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-7. Inclusion of Costs of Customer Lead Service Line Improvements as Eligible Infrastructure Improvements for Public Utilities

Sec. 7. Subject to section 6(c) of this chapter, upon the commission's approval of a public utility's plan under section 6 of this chapter, the water utility may include the actual costs incurred by the public utility in connection with completing customer lead service line improvements that:
(1) have been placed in service; and
(2) have not been included in the public utility's rate base in the public utility's most recent general rate case;
as eligible infrastructure improvements for purposes of IC 8-1-31. For purposes of the revenue limitation calculation under IC 8-1-31-13, infrastructure improvement costs associated with customer lead service line improvements shall not be counted as adjustment revenues in determining whether the water utility's total adjustment revenues exceed ten percent (10%) of the water utility's base revenue level approved in the water utility's most recent general rate case.
As added by P.L.91-2017, SEC.8. Amended by P.L.137-2020, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-8. Inclusion of Costs of Customer Lead Service Line Improvements in Rates of Municipally Owned Utility

Sec. 8. Subject to section 6(c) of this chapter, upon the commission's approval of the utility's plan under section 6 of this chapter, a municipally owned utility may include in the utility's rates the costs for customer lead service line improvements that:
(1) are made, or are to be made, by a municipally owned utility;
(2) do not increase revenues by connecting to new customers, even though the plant or equipment may provide the municipally owned utility with available capacity greater than the available capacity provided to the customer before the line improvements;
(3) are or will be an extension or replacement consistent with section 9 of this chapter; and
(4) were not included on the utility's balance sheet as plant in service in the utility's most recent general rate case.
As added by P.L.137-2020, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-9. Customer Lead Service Line Improvement Costs for Municipally Owned Utilities

Sec. 9. For a municipally owned utility, customer lead service line improvement costs include the following:
(1) Depreciation expenses.
(2) Extensions and replacements for customer lead service line improvements, to the extent that the extensions and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.
(3) Debt service on funds borrowed to pay for customer lead service line improvements.
(4) As applicable, property taxes to be paid by the utility based upon the first assessment date following the placement in service of the customer lead service line improvements.
As added by P.L.137-2020, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-10. Petition by Municipally Owned Utility for Rate Adjustment

Sec. 10. (a) Except as provided in subsection (d), a municipally owned utility may file with the commission a petition setting forth rate schedules establishing an amount that will allow the adjustment of the utility's basic rates and charges to provide for recovery of customer lead service line improvement costs. The adjustment shall be calculated as a monthly fixed charge based upon meter size.
(b) The municipally owned utility shall serve upon 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) A municipally owned utility may not file a petition under this section in the same calendar year in which the utility has filed a request for a general increase in the basic rates and charges of the municipally owned utility.
As added by P.L.137-2020, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-11. Hearing and Order on Petition by Municipally Owned Utility

Sec. 11. (a) When a petition is filed under section 10 of this chapter, the commission shall conduct a hearing.
(b) The office of the utility consumer counselor may:
(1) examine information of the municipally owned utility to confirm:
(A) that the customer lead service line improvements made or to be made are in accordance with section 9 of this chapter; and
(B) proper calculation of the adjustment amount proposed under section 10(a) of this chapter; and
(2) submit a report 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 10 of this chapter complies with the requirements of this chapter, the commission shall enter an order approving the petition.
As added by P.L.137-2020, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-12. Petition for Change in Initial Adjustment Amount by Municipally Owned Utility

Sec. 12. (a) Except as provided in subsection (b), a municipally owned 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. Section 10 of this chapter applies to a petition to change an adjustment rider.
(b) Except as provided in section 15 of this chapter, a municipally owned utility may not file a petition described in subsection (a) in the same calendar year in which the utility has filed a request for a general increase in the basic rates and charges of the utility.
As added by P.L.137-2020, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-13. Allowable Recovery for Municipally Owned Utility; Factors

Sec. 13. In determining the amount of allowable recovery of customer lead service line improvement costs for a municipally owned utility, the commission may consider the following factors:
(1) Extensions and replacements, to the extent that the extensions and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.
(2) Debt service on funds borrowed to pay for customer lead service line improvements.
(3) Depreciation expenses on customer lead service line 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 components that the commission considers appropriate.
As added by P.L.137-2020, SEC.11.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-14. Adjustment Amount Calculation and Reconciliation Procedures for Municipally Owned Utility

Sec. 14. An adjustment amount proposed under section 10 of this chapter may be calculated based on a reasonable estimate of equivalent meters in the period in which the charge will be in effect. At the end of each twelve (12) month period following the date on which the commission initially approves an adjustment amount for a municipally owned utility following the utility's most recent general rate case, the municipally owned utility, using procedures approved by the commission, shall reconcile the difference between revenues under the adjustment rider and customer lead service line improvement costs during that period and recover or refund the difference, as appropriate, through additional adjustments to the adjustment rider.
As added by P.L.137-2020, SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.6. Customer Owned Lead Service Lines › 8-1-31.6-15. Resetting of Adjustment Amount After Increase in Basic Rates and Charges for Municipally Owned Utility

Sec. 15. A municipally owned utility's adjustment rider approved under sections 10 and 12 of this chapter shall be reset to zero (0) upon the approval of new basic rates and charges for the utility by the commission in a general rate case in which the customer lead service line improvements are included in the utility's rate base.
As added by P.L.137-2020, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-1. Applicability of Definitions

Sec. 1. The definitions in IC 8-1-2-1 apply throughout this chapter.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-2. "Eligible Addition"

Sec. 2. As used in this chapter, "eligible addition" means any new utility plant or equipment:
(1) that does not increase revenues by connecting to new customers, even though the plant or equipment may provide the eligible utility with greater available capacity; and
(2) that:
(A) for a public utility:
(i) is used and useful;
(ii) is procured, installed, or constructed by the public utility with expenditures that are service enhancement improvements; and
(iii) was 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) is or will be an extension or replacement, consistent with section 8 of this chapter; and
(ii) was not included on the utility's balance sheet as plant in service in the utility's most recent general rate case.
As added by P.L.137-2020, SEC.15. Amended by P.L.32-2021, SEC.18.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-3. "Eligible Utility"

Sec. 3. As used in this chapter, "eligible utility" means:
(1) a public utility;
(2) a municipally owned utility; or
(3) a not-for-profit utility;
that provides water or wastewater service to the public and is under the jurisdiction of the commission for the approval of rates and charges.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-4. "Not-for-Profit Utility"

Sec. 4. (a) As used in this chapter, "not-for-profit utility" has the meaning set forth in IC 8-1-2-125(a).
(b) The term includes a utility company that is owned, operated, or held in trust by a consolidated city.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-5. "Pretax Return"

Sec. 5. As used in this chapter, "pretax return" means the revenues necessary:
(1) to produce net operating income equal to a public utility's weighted cost of capital multiplied by the net original cost of the eligible addition; and
(2) to pay state and federal income taxes applicable to the net operating income described in subdivision (1).
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-6. "Requirement"

Sec. 6. As used in this chapter, "requirement" means any decision or regulation imposed on an eligible utility by a unit (as defined in IC 36-1-2-23), a municipal corporation (as defined in IC 36-1-2-10), a state, or the federal government in connection with any of the following:
(1) The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).
(2) The federal Safe Drinking Water Act (42 U.S.C. 300f et seq.).
(3) Any other law, order, or regulation administered by the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Department of Transportation, the Indiana department of transportation, the Indiana department of environmental management, or the department of natural resources.
(4) Regulation imposed by local government under IC 8-1-2-101, IC 36-9-2-14, IC 36-9-2-15, or IC 36-9-2-16.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-7. "Service Enhancement Improvement"

Sec. 7. As used in this chapter, "service enhancement improvement" means an expenditure that is either of the following:
(1) Made, or to be made, by an eligible utility and related to:
(A) direct or indirect compliance with one (1) or more requirements; or
(B) installation of a new plant or equipment:
(i) that is not a replacement plant or equipment; and
(ii) that the commission determines is reasonable and appropriate to further health, safety, or environmental protection for the eligible utility's customers, employees, or the public.
(2) Replacement of a plant or equipment to maintain existing health, safety, or environmental protection for the eligible utility's customers, employees, or the public.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-8. "Service Enhancement Improvement Costs"

Sec. 8. (a) As used in this chapter, "service enhancement improvement costs" means costs that an eligible utility incurs in connection with an eligible addition, including the following:
(1) Depreciation expenses.
(2) For a municipally owned utility or a not-for-profit utility, extensions and replacements, to the extent that the extensions and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8 or IC 8-1-2-125.
(3) For a municipally owned utility or a not-for-profit utility, debt service on funds borrowed to pay for the eligible addition.
(4) Property taxes to be paid by the eligible utility based upon the first assessment date following the placement in service of the eligible addition.
(5) Pretax return for a public utility.
(b) The term does not include fines or penalties assessed against or imposed on an eligible utility for violating laws, regulations, or consent decrees related to a requirement.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-10. Plan for Improvements Related to Compliance With Certain Requirements; Factors for Commission's Consideration

Sec. 10. If the plan is for a service enhancement improvement described in section 7(1)(A) of this chapter, the commission shall approve the plan if the commission finds that the public convenience and necessity require the proposed service enhancement improvement to allow the eligible utility to comply directly or indirectly with one (1) or more requirements. The commission shall examine the following:
(1) The following factors, which must be set forth in the eligible utility's case in chief filed in accordance with section 9 of this chapter:
(A) A description of the requirements, including any consent decrees related to the requirements, that the eligible utility seeks to comply with through the proposed service enhancement improvement.
(B) A description of the projected service enhancement improvement costs associated with the proposed service enhancement improvement.
(C) A description of how the proposed service enhancement improvement allows the eligible utility to comply with the requirements described by the eligible utility under clause (A).
(D) Alternative plans for compliance.
(2) Any other factors the commission considers relevant.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-11. Plan for Improvements Related to Compliance With Regulation Imposed by Local Government

Sec. 11. If the plan is for a service enhancement improvement described in section 7(1)(A) of this chapter related to a requirement described in section 6(4) of this chapter, the eligible utility shall provide a copy of the unit or municipal corporation ordinance or other determination setting forth the requirement and shall provide the eligible utility's estimated cost to comply with the requirement. The commission shall review the reasonableness of the requirement under IC 8-1-2-101(a). Unless the commission finds the requirement to be unreasonable, the commission shall approve the plan for the service enhancement improvement. The unit or municipal corporation that has adopted the requirement shall be provided notice of the proceedings.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-13. Pretax Return for Public Utility; Factors for Commission's Consideration

Sec. 13. In determining an appropriate pretax return for a public utility, the commission may consider the following factors:
(1) The current state and federal income tax rates.
(2) The eligible utility's actual regulatory capital structure.
(3) The actual cost rates for the eligible utility's long term debt and preferred stock.
(4) The eligible utility's cost of common equity.
(5) Other components that the commission considers appropriate.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-14. Cost of Common Equity for Public Utility

Sec. 14. (a) Except as provided in subsection (b), the cost of common equity to be used in the calculation of the pretax return under section 13 of this chapter shall be the most recent determination by the commission in a general rate proceeding of the eligible utility.
(b) If the commission finds that the most recent determination described in subsection (a) is no longer representative of current conditions, the commission may, after notice and hearing, make a new determination of the common equity cost rate for use in determining the charge. The most recent prior determination shall be used pending any redetermination under this subsection.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-15. Recovery of Costs for Municipally Owned Utility; Factors for Commission's Consideration

Sec. 15. In determining the amount of allowable recovery of service enhancement improvement costs for an eligible utility that is a municipally owned utility, the commission may consider the following factors:
(1) Extensions and replacements, to the extent that the extension and replacements are not provided for through depreciation, in the manner provided for in IC 8-1.5-3-8.
(2) Debt service on funds borrowed to pay for eligible service enhancement improvement.
(3) Depreciation expenses on eligible service enhancement improvements based on the same rate or rates of depreciation approved by the commission for the calculation of depreciation in the eligible utility's most recent rate case.
(4) Other components that the commission considers appropriate.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-16. Recovery of Costs for Not-for-Profit Utility; Factors for Commission's Consideration

Sec. 16. In determining the amount of allowable recovery of service enhancement improvement costs for a not-for-profit utility, the commission may consider the following factors:
(1) Extensions and replacements, in the manner provided for in IC 8-1-2-125.
(2) Debt service on funds borrowed to pay for eligible service enhancement improvement.
(3) Other components that the commission considers appropriate.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-17. Adjustment Amount Calculation and Reconciliation Procedures

Sec. 17. An adjustment amount proposed under section 12 of this chapter may be calculated based on a reasonable estimate of equivalent meters in the period in which the charge will be in effect. At the end of each twelve (12) month 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, the eligible utility, using procedures approved by the commission, shall reconcile the difference between revenues under the adjustment rider and service enhancement improvement costs during that period and recover or refund the difference, as appropriate, through additional adjustments to the adjustment rider.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-18. Petition to Change Adjustment Rider

Sec. 18. An eligible utility may, but is not required to, file a petition for a change in its initial adjustment amount not more than one (1) time in every twelve (12) months. Section 12 of this chapter applies to a petition to change an adjustment rider.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-19. Resetting of Adjustment Rider After Increase in Basic Rates and Charges

Sec. 19. An eligible utility's adjustment rider approved under sections 12 and 18 of this chapter shall be reset to zero (0) upon approval of new basic rates and charges for the eligible utility by the commission in a general rate case in which the eligible service additions are included in the eligible utility's rate base.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 31.7. Service Enhancement Improvement Projects for Water and Wastewater Utilities › 8-1-31.7-20. Commission to Adopt Rules

Sec. 20. The commission shall adopt rules under IC 4-22-2 to implement this chapter.
As added by P.L.137-2020, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32. Water Wells › 8-1-32-1. Applicability of Chapter

Sec. 1. This chapter applies only to a subject area located entirely or partially within:
(1) a city; or
(2) a county having a consolidated city.
As added by P.L.94-2000, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32. Water Wells › 8-1-32-3. "Health Agency" Defined

Sec. 3. As used in this chapter, "health agency" refers to either of the following:
(1) The Indiana department of health.
(2) A local health department (as defined in IC 16-18-2-211).
As added by P.L.94-2000, SEC.2. Amended by P.L.56-2023, SEC.54.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32. Water Wells › 8-1-32-6. Contaminants in Private Water Wells; Estimate of Cost of Extending Water Utility Service

Sec. 6. (a) Notwithstanding IC 8-1-2-103(a), if a health agency determines that an area located within a city or within a county having a consolidated city:
(1) is served by private water wells;
(2) suffers from a health hazard due to the presence of at least one (1) contaminant; and
(3) incorporates at least a portion of at least one (1) census track or block having a median household income of less than two hundred percent (200%) of the most recently determined federal income poverty level;
the health agency may direct the nearest public utility that is authorized to provide water utility service within the municipality to prepare and provide to the commission an estimate of the cost of extending water utility service to the subject area and request the commission to approve the project.
(b) The costs estimated under subsection (a) may include the following:
(1) Installing the mains and connecting service lines on properties within the subject area.
(2) Abandoning and plugging existing wells in accordance with IC 25-39-2-14 and rules adopted under IC 25-39 on properties within the subject area.
(3) Restoration of areas disturbed by the project.
(4) Other reasonable costs of extending water utility service to the subject area.
As added by P.L.94-2000, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32. Water Wells › 8-1-32-7. Public Utility Ordered to Extend Water Utility Service; Rate Adjustment

Sec. 7. If the commission approves the project, the commission shall, at the request of the health agency, direct the local public utility to undertake and complete the project. The commission shall enter such an order only if both of the following apply:
(1) The commission's order authorizes an increase in the local public utility's water rates in an amount sufficient to cover the local public utility's depreciation expense related to its investment in the project and provide the local public utility an after-tax return on the undepreciated portion of the project at a rate not less than the rate of return allowed the local public utility on its rate base in its most recent general rate order as:
(A) set out in the order; or
(B) stipulated by the local public utility and the office of the utility consumer counselor.
(2) The rate adjustment associated with the project will not increase the local public utility's rates by more than one percent (1%).
As added by P.L.94-2000, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32. Water Wells › 8-1-32-8. Rate Adjustment in Amended Rate Schedule

Sec. 8. A rate adjustment authorized under section 7 of this chapter must be reflected in an amended rate schedule filed with the commission not later than thirty (30) days after the commission enters the order, effective upon completion of the project.
As added by P.L.94-2000, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32. Water Wells › 8-1-32-9. Rate Adjustment Not General Increase in Basic Rates and Charges; Subject to Further Adjustment

Sec. 9. A rate adjustment authorized under section 7 of this chapter:
(1) is not considered as a general increase in the local public utility's basic rates and charges for purposes of IC 8-1-2-42(a); and
(2) may be further adjusted by the commission to reflect actual project costs upon petition by the local public utility or the office of the utility consumer counselor.
As added by P.L.94-2000, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32. Water Wells › 8-1-32-10. Property Owners Required to Abandon and Plug Wells

Sec. 10. If the commission orders a project under this chapter, the health agency shall require owners of properties in the subject area to connect those properties to a project main and to abandon and plug their existing wells in accordance with IC 25-39-2-14 and rules adopted under IC 25-39.
As added by P.L.94-2000, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32. Water Wells › 8-1-32-11. Maintenance Responsibilities

Sec. 11. (a) Upon completion of a project, the local public utility shall be responsible for operating and maintaining:
(1) the mains installed; and
(2) any portion of the connecting service lines that are located in a public right-of-way.
(b) Upon completion of a project, each property owner shall be responsible for maintaining, repairing, and replacing, if necessary, the portion of the service line on the property served that is not required to be serviced by the local public utility under subsection (a).
As added by P.L.94-2000, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32. Water Wells › 8-1-32-12. Commission's Jurisdiction Not Reduced or Superseded

Sec. 12. This chapter does not reduce or supersede the commission's jurisdiction under IC 8-1-2-86 and IC 8-1.5-6.
As added by P.L.94-2000, SEC.2. Amended by P.L.213-2014, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-1. "Antenna"

Sec. 1. As used in this chapter, "antenna" means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.
As added by P.L.145-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-2. "Base Station"

Sec. 2. As used in this chapter, "base station" means a station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.
As added by P.L.145-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-3. "Business Day"

Sec. 3. As used in this chapter, "business day" means a day other than a Saturday, a Sunday, or a legal holiday (as defined in IC 1-1-9-1).
As added by P.L.145-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-4. "Collocation"

Sec. 4. As used in this chapter, "collocation" means the placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.
As added by P.L.145-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-4.2. "Communications Service Provider"

Sec. 4.2. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-2.6-13.
As added by P.L.261-2017, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-5. "Electrical Transmission Tower"

Sec. 5. As used in this chapter, "electrical transmission tower" means a structure that physically supports high voltage overhead power lines. The term does not include a utility pole.
As added by P.L.145-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-6. "Equipment Compound"

Sec. 6. As used in this chapter, "equipment compound" means the area that:
(1) surrounds or is near the base of a wireless support structure; and
(2) encloses wireless facilities.
As added by P.L.145-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-7.5. "Micro Wireless Facility"

Sec. 7.5. As used in this chapter, "micro wireless facility" means a small cell facility to which both of the following apply:
(1) The small cell facility is not larger in dimension than:
(A) twenty-four (24) inches in length;
(B) fifteen (15) inches in width; and
(C) twelve (12) inches in height.
(2) If the small cell facility has an exterior antenna, the exterior antenna is not longer than eleven (11) inches.
As added by P.L.261-2017, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-8. "Permit Authority"

Sec. 8. As used in this chapter, "permit authority" means a unit, a board, a commission, or any other governing body that makes legislative or administrative decisions concerning the construction, installation, modification, or siting of wireless facilities or wireless support structures. The term does not include:
(1) the Indiana department of transportation;
(2) the Indiana finance authority;
(3) the state or any of its agencies, departments, boards, commissions, authorities, or instrumentalities;
(4) the director of the department of natural resources; or
(5) a court or other judicial body that reviews decisions or rulings made by a permit authority.
As added by P.L.145-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-9. "Small Cell Facility"

Sec. 9. (a) As used in this chapter, "small cell facility" means:
(1) a personal wireless service facility (as defined by the Federal Telecommunications Act of 1996 as in effect on July 1, 2015); or
(2) a wireless facility that satisfies the following requirements:
(A) Each antenna, including exposed elements, has a volume of six (6) cubic feet or less.
(B) The primary equipment enclosure located with the facility has a volume of twenty-eight (28) cubic feet or less.
(b) For purposes of subsection (a)(2)(B), the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure:
(1) Electric meters.
(2) Concealment equipment.
(3) Telecommunications demarcation boxes.
(4) Ground based enclosures.
(5) Back up power systems.
(6) Grounding equipment.
(7) Power transfer switches.
(8) Cut off switches.
As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-10. "Small Cell Network"

Sec. 10. As used in this chapter, "small cell network" means a collection of interrelated small cell facilities designed to deliver wireless service.
As added by P.L.145-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-11. "Substantial Modification of a Wireless Support Structure"

Sec. 11. (a) As used in this chapter, "substantial modification of a wireless support structure" means the mounting of a wireless facility on a wireless support structure in a manner that:
(1) increases the height of the wireless support structure by the greater of:
(A) ten percent (10%) of the original height of the wireless support structure; or
(B) twenty (20) feet;
(2) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of:
(A) twenty (20) feet; or
(B) the width of the wireless support structure at the location of the appurtenance; or
(3) increases the square footage of the equipment compound in which the wireless facility is located by more than two thousand five hundred (2,500) square feet.
(b) The term does not include the following:
(1) Increasing the height of a wireless support structure to avoid interfering with an existing antenna.
(2) Increasing the diameter or area of a wireless support structure to:
(A) shelter an antenna from inclement weather; or
(B) connect an antenna to the wireless support structure by cable.
As added by P.L.145-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-12. "Utility Pole"

Sec. 12. As used in this chapter, "utility pole" means a structure that is:
(1) owned or operated by:
(A) a public utility;
(B) a communications service provider;
(C) a municipality;
(D) an electric membership corporation; or
(E) a rural electric cooperative; and
(2) designed or used to:
(A) carry lines, cables, or wires for telephony, cable television, or electricity;
(B) provide lighting;
(C) provide traffic control; or
(D) provide signage.
The term does not include a wireless support structure or an electrical transmission tower.
As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-12.5. "Wireless Communications Service"

Sec. 12.5. As used in this chapter, "wireless communications service" means services, whether mobile or at a fixed location, that are provided using wireless facilities through licensed or unlicensed spectrum.
As added by P.L.261-2017, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-13. "Wireless Facility"

Sec. 13. As used in this chapter, "wireless facility" means the set of equipment and network components that are:
(1) owned and operated by a communications service provider; and
(2) necessary to provide wireless communications service.
The term does not include a wireless support structure.
As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-14. "Wireless Support Structure"

Sec. 14. (a) As used in this chapter, "wireless support structure" means a freestanding structure that is:
(1) designed to support; or
(2) capable of supporting;
wireless facilities.
(b) The term does not include a utility pole or an electrical transmission tower.
As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.7.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-16. Application Fees; Prohibited Unless Required for Similar Types of Development; Limitations

Sec. 16. (a) A permit authority may not require an applicant to pay a fee associated with the submission, review, processing, or approval of an application for a permit unless the permit authority requires payment of the same or a similar fee for applications for permits for similar types of commercial development within the jurisdiction of the permit authority.
(b) A fee associated with the submission, review, processing, or approval of an application for a permit, including a fee imposed by a third party that provides review, technical, or consulting assistance to a permit authority, must be based on actual, direct, and reasonable costs incurred for the review, processing, and approval of the application.
(c) A fee described in this section may not include:
(1) travel expenses incurred by a third party in its review of an application; or
(2) direct payment or reimbursement of third party fees charged on a contingency basis.
As added by P.L.145-2015, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-17. Discrimination Among Providers or Utilities Prohibited; Limits on Fall Zone Requirements; Maximum Height Restrictions or Minimum Separation Distance Requirements Prohibited

Sec. 17. (a) A permit authority may not discriminate among communications service providers or public utilities with respect to the following:
(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for construction of wireless or wireline communications facilities.
(2) Authorizing or approving tax incentives for wireless or wireline communications facilities.
(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the permit authority.
(b) A permit authority may not impose a fall zone requirement that:
(1) applies to a wireless support structure; and
(2) is larger than the area within which the wireless support structure is designed to collapse, as set forth in the applicant's engineering certification for the wireless support structure.
However, a permit authority may impose a fall zone requirement that is larger than the area described in subdivision (2) if the permit authority provides evidence that the applicant's engineering certification is flawed. The permit authority's evidence must include a study performed and certified by a professional engineer.
(c) Except as described in section 26(a) of this chapter with respect to small cell facilities, and subject to the restrictions under 14 CFR Part 77, 47 CFR Part 17, and IC 8-21-10, a permit authority may not impose:
(1) a restriction on the maximum height of a wireless support structure; or
(2) a requirement regarding minimum separation distances between wireless support structures.
As added by P.L.145-2015, SEC.3. Amended by P.L.177-2021, SEC.7.