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House Bill 1131

Enrolled House Bill (H)

DIGEST

Utility matters. Makes the following changes for purposes of a statute that subjects a water or wastewater utility organized after June 30, 2018, to the jurisdiction of the Indiana utility regulatory commission (IURC) with regard to certain aspects of the water or wastewater utility's operations for a period of 10 years: (1) Provides that the term "water or wastewater utility" includes a municipally owned utility that provides water service to less than 8,000 customers. (2) Deletes references to organization of a water or wastewater utility as a legal entity. Requires the IURC, in a rate case for a water or Utility matters. Makes the following changes for purposes of a statute that subjects a water or wastewater utility organized after June 30, 2018, to the jurisdiction of the Indiana utility regulatory commission (IURC) with regard to certain aspects of the water or wastewater utility's operations for a period of 10 years: (1) Provides that the term "water or wastewater utility" includes a municipally owned utility that provides water service to less than 8,000 customers. (2) Deletes references to organization of a water or wastewater utility as a legal entity. Requires the IURC, in a rate case for a water or wastewater utility that extends service to an infrastructure development zone at the request of the governmental entity that established the infrastructure development zone, to approve inclusion in the water or wastewater utility's rate schedule of a surcharge payable only within the geographic area of the infrastructure development zone. (Under current law, such a surcharge must apply within the entire jurisdiction of the governmental entity.) Provides that, with respect to any water main extension or wastewater main extension, a utility shall comply with the IURC's rules governing water main extensions or wastewater main extensions, regardless of whether the utility is subject to the IURC's jurisdiction for the approval of rates and charges. Provides that a dispute arising over a water main extension or wastewater main extension may be submitted as an informal complaint to the IURC's consumer affairs division, regardless of whether the person requesting the extension is a customer of the utility involved. Provides that, if the IURC determines that it requires additional staff to handle the volume of informal complaints submitted, the IURC may impose a fee on a party against whom a decision is rendered. Provides that the fee may not exceed: (1) the IURC's actual costs in administering the informal complaint; or (2) $750. Provides that certain procedures for acquisition by a municipal utility of property of another utility apply to acquisition by a nonmunicipal utility of property of another utility, and prescribes requirements regarding appraisal of the value of utility property acquired by a nonmunicipal utility. Provides, for purposes of the factors the IURC must consider in determining whether a utility that acquires property of an offered utility may include the cost differential of the offered utility's property as part of the acquiring utility's rate base, that an offered utility is too small to capture economies of scale or is not furnishing or maintaining adequate, efficient, safe, and reasonable service and facilities if the IURC finds that the offered utility serves fewer than 8,000 customers (rather than 5,000 customers under current law). Provides: (1) that a city meeting certain population parameters may annex territory: (A) that is not contiguous to the city; (B) that is south of the southernmost boundary of the city; (C) the entire area of which is not more than four miles from the city's boundary; and (D) that does not extend more than one mile to the east of a state highway; (2) that the annexed territory is not considered a part of the city for purposes of annexation of additional territory; and (3) that the city may not require connection to a sewer installed to provide service to the annexed territory. Provides that certain provisions regarding approval of sewage disposal and treatment fees apply to a sanitation district that: (1) is located in a county that meets specified population parameters; and (2) is under an order or party to an agreement with one or more state or federal agencies to remediate environmental conditions. ... View more