Indiana - SB0472 - 2019

Utility acquisitions, rates, and connection requirements. Provides that an order affecting rates of service may be entered by the utility regulatory commission (IURC) without a formal public hearing in the case of any public or municipally owned utility that either: (1) serves less than 5,000 customers; or (2) has initiated a rate case on behalf of a single division of the utility and that division: (A) serves less than 5,000 customers; and (B) has an IURC-approved schedule of rates and charges that is separate and independent from that of any other division of the utility. (Current law permits the IURC to enter a service rate order without a public hearing only in the case of a public or municipally owned utility that itself serves less than 5,000 customers.) Changes the term "distressed utility" to "offered utility" for purposes of provisions regarding acquisition of water or wastewater utilities. Makes the following changes for purposes of provisions under which a utility that acquires property from another utility at a cost differential may petition the Indiana utility regulatory commission (commission) to include the cost differential in the acquiring utility's rate base: (1) Provides conditions for applicability of the rebuttable presumption that the cost differential is reasonable. (2) Amends the findings the commission must make in order to approve the petition. (3) Provides that notice of the filing of the petition may be provided to customers of the acquiring utility company in a billing insert. Provides, for purposes of the requirement that a municipal legislative body or municipal executive that plans to sell or dispose of nonsurplus municipally owned utility property must appoint appraisers in a writing that is a public record, that it is sufficient that the municipal legislative body or municipal executive provide for the appointment in written contracts with the appraisers or the firms with whom the appraisers are employed. Provides that the legislative body and the municipal executive must hold a public hearing regarding the appraisal and proposed sale not later than 180 days (rather than 90 days, under current law) after the appraisal is complete. Amends the factors the commission must consider in deciding whether the sale or disposition is in the public interest. Provides that, if a main sewer line is extended at the initiative and expense of one owner of residential property to allow that owner's residential property to be connected to a sanitary sewer system, the board of the health and hospital corporation of Marion County may not require other residential properties to be connected to the extension of the main sewer line, regardless of the proximity of those other residential properties to the extension of the main sewer line. Urges the legislative council to assign to an appropriate interim study committee the task of studying the connection of unserved properties to sanitary sewer systems.

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Added On: 02-12-2019
Updated On: 02-19-2019
Status: Passed One Chamber
Primary Sponsors: Ed Charbonneau (Republican), Chris Garten (Republican), Carey Hamilton (Democratic), Eric Koch (Republican), Edmond Soliday (Republican)

Actions (13)

  • 01-14-2019 - Authored by Senator Koch
  • 01-14-2019 - First reading: referred to Committee on Utilities
  • 02-14-2019 - Committee report: amend do pass, adopted
  • 02-18-2019 - Senators Merritt, Houchin, Zay, Randolph, Kruse, Doriot added as coauthors
  • 02-18-2019 - Senator Charbonneau added as third author
  • 02-18-2019 - Senator Garten added as second author
  • 02-18-2019 - Second reading: ordered engrossed
  • 02-19-2019 - Cosponsor: Representative Hamilton
  • 02-19-2019 - Senator Ruckelshaus added as coauthor
  • 02-19-2019 - House sponsor: Representative Soliday
  • 02-19-2019 - Third reading: passed; Roll Call 160: yeas 36, nays 4
  • 02-20-2019 - Referred to the House
  • 03-05-2019 - First reading: referred to Committee on Utilities, Energy and Telecommunications

Votes (2)

DateMotion (click for details)ChamberCommitteeYes
02-14-2019Senate - Committee VoteSenate1100yes
02-19-2019Third readingSenate36410yes

Sponsors (12)