2023 Regular SessionIndiana Legislature

SB0298: Utility infrastructure improvement charges.

Legislative Summary

Utility infrastructure improvement charges. Amends the statute governing infrastructure improvement charges for water or wastewater utilities as follows: (1) Provides that in the case of a municipally owned utility or a not-for-profit utility, the adjustment amount to an eligible utility's basic rates and charges for the recovery of infrastructure improvement costs shall be recovered over a 12 month period, regardless of the amount of time over which the infrastructure improvement costs were incurred. (2) Provides that a utility may not recover through an infrastructure improvement charge any infrastructure improvement costs that are recovered by the utility through contributions in aid of construction. (3) Provides that when an eligible utility files a petition for an adjustment amount with the Indiana utility regulatory commission (IURC), the office of utility consumer counselor (OUCC) may examine information of the eligible utility, limited to confirming: (A) that the infrastructure improvements for which recovery is sought are eligible for cost recovery under the statute; and (B) the proper calculation of the proposed adjustment amount. (Existing law provides that the OUCC may examine the information of an eligible utility to confirm these matters, but does not specify that the OUCC's examination is limited to the confirmation of these matters.) (4) Provides that if the IURC finds that an eligible utility's proposed adjustment amount has not been calculated correctly, the IURC shall: (A) provide the correct calculation of the adjustment amount; and (B) allow the eligible utility to implement the corrected adjustment amount. (5) Amends the factors that the IURC may consider in determining the amount of allowable recovery of infrastructure improvement costs for a municipally owned utility or a not-for-profit utility to provide that the IURC may consider other expenses that the IURC considers appropriate, including money for the payment of any taxes that may be assessed against: (A) a municipally owned utility; or (B) a not-for-profit utility or its property; as applicable. (6) Specifies that in the case of a municipally owned utility or not-for-profit utility, the statute's cap limiting total adjustment revenues to 10% of an eligible utility's approved base revenue level applies over the course of each 12 month recovery period. (7) Amends the statute's provisions requiring an eligible utility to reconcile the difference between adjustment revenues and infrastructure improvement costs as follows: (A) Specifies that the reconciliation must occur at the end of each 12 month recovery period. (B) Provides that in the case of a municipally owned utility or a not-for-profit utility, the adjustment amount shall be reset to zero after all previously approved infrastructure improvement costs have been collected.

Bill History

1/12/2023
Authored by Senator Koch
Senate
1/12/2023
First reading: referred to Committee on Utilities
Senate
2/9/2023
Committee report: amend do pass, adopted
Senate
2/13/2023
Second reading: ordered engrossed
Senate
2/13/2023
Senator Charbonneau added as second author
Senate
2/14/2023
Third reading: passed; Roll Call 115: yeas 49, nays 0
Senate
2/14/2023
House sponsor: Representative Soliday
Senate
2/15/2023
Referred to the House
Senate
2/28/2023
First reading: referred to Committee on Utilities, Energy and Telecommunications
House of Representatives
3/14/2023
Committee report: do pass, adopted
House of Representatives
3/16/2023
Second reading: ordered engrossed
House of Representatives
3/16/2023
Representative Hall D added as cosponsor
House of Representatives
3/20/2023
Third reading: passed; Roll Call 273: yeas 94, nays 0
House of Representatives
3/21/2023
Signed by the President Pro Tempore
Senate
3/21/2023
Returned to the Senate without amendments
House of Representatives
4/3/2023
Signed by the Speaker
House of Representatives
4/17/2023
Signed by the President of the Senate
Senate
4/20/2023
Signed by the Governor
Senate
4/20/2023
Public Law 39
Senate

Roll Call Votes

House - Third reading
3/20/2023
94
Yea
0
Nay
1
Not Voting
5
Absent
Result: PASSED
Senate - Third reading
2/14/2023
49
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED

Status Information

Current Status
Passed(4/20/2023)
Chamber
Senate
Sine DiePrior Session

Documents

Enrolled
Bill Text3/21/2023113.1 KB
Amended
Bill Text3/14/2023170.8 KB
Amended
Bill Text2/9/2023168.8 KB
Introduced
Bill Text1/12/2023134.4 KB