Indiana - SB0472 - 2019

Utility matters. 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 8,000 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 utility that itself serves less than 5,000 customers.) Changes the term "distressed utility" to "offered utility" for purposes of statutory provisions regarding the acquisition of water or wastewater utilities. Makes the following changes for purposes of the statutory provisions under which a utility that acquires property from another utility at a cost differential may petition the IURC 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 IURC 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. (4) Requires the acquiring utility company to submit with its petition to the IURC a written description of how the acquiring utility will identify and make reasonable and prudent improvements necessary to provide safe and reliable service to customers of the offered utility. Provides, for purposes of the requirement that a municipality that plans to sell or dispose of nonsurplus municipally owned utility property must appoint appraisers in a writing that is a public record, that a written contract with the appraisers or the appraisers' firms satisfies this requirement. Provides that the municipality 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 IURC must consider in deciding whether the sale or disposition is in the public interest. Provides that if, within a county containing a consolidated city: (1) a main sewer line is extended for the purpose of connecting one or more residential or commercial properties to a sanitary sewer system; and (2) the extension, when completed, will be located within a certain distance of the property line of a residential property served by a septic system; the Health and Hospital Corporation of Marion County (corporation) or its board may not order that the residential property served by a septic system be connected to the extension. Provides, however, that the connection of a residential property served by a septic system to such an extension may be ordered if: (1) the state department of health; or (2) the corporation or its board; determines that the septic system serving the residential property is failing. Specifies that these provisions do not affect a septic tank elimination program approved by the IURC. Urges the legislative council to assign to an appropriate interim study committee the task of studying, on a statewide basis, the connection of unserved properties to sanitary sewer systems owned or operated by various public and private entities.

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Added On: 02-12-2019
Updated On: 05-04-2019
Status: Enacted
Primary Sponsors: Ed Charbonneau (Republican), Randall Frye (Republican), Chris Garten (Republican), Carey Hamilton (Democratic), Eric Koch (Republican), Edmond Soliday (Republican)

Actions (38)

  • 01-14-2019 - First reading: referred to Committee on Utilities
  • 01-14-2019 - Authored by Senator Koch
  • 02-14-2019 - Committee report: amend do pass, adopted
  • 02-18-2019 - Senator Garten added as second author
  • 02-18-2019 - Senator Charbonneau added as third author
  • 02-18-2019 - Senators Merritt, Houchin, Zay, Randolph, Kruse, Doriot added as coauthors
  • 02-18-2019 - Second reading: ordered engrossed
  • 02-19-2019 - Senator Ruckelshaus added as coauthor
  • 02-19-2019 - Third reading: passed; Roll Call 160: yeas 36, nays 4
  • 02-19-2019 - House sponsor: Representative Soliday
  • 02-19-2019 - Cosponsor: Representative Hamilton
  • 02-20-2019 - Referred to the House
  • 03-05-2019 - First reading: referred to Committee on Utilities, Energy and Telecommunications
  • 03-25-2019 - Representative Frye added as cosponsor
  • 04-04-2019 - Committee report: amend do pass, adopted
  • 04-09-2019 - Representative Hamilton removed as cosponsor
  • 04-11-2019 - Second reading: amended, ordered engrossed
  • 04-11-2019 - Amendment #3 (Soliday) prevailed; voice vote
  • 04-11-2019 - Amendment #1 (Pierce) prevailed; Roll Call 502: yeas 53, nays 38
  • 04-11-2019 - Amendment #4 (Soliday) prevailed; voice vote
  • 04-15-2019 - Third reading: passed; Roll Call 516: yeas 93, nays 0
  • 04-16-2019 - Motion to dissent filed
  • 04-16-2019 - Returned to the Senate with amendments
  • 04-17-2019 - House advisors appointed: Frye R, Morrison, Candelaria Reardon, Hatfield and Macer
  • 04-17-2019 - House conferees appointed: Soliday and Pierce
  • 04-17-2019 - Senate dissented from House amendments
  • 04-18-2019 - Senate advisors appointed: Garten, Randolph Lonnie M and Charbonneau
  • 04-18-2019 - Representative Hamilton added as cosponsor
  • 04-18-2019 - Senate conferees appointed: Koch and Ford J.D.
  • 04-23-2019 - CCR # 1 filed in the House
  • 04-23-2019 - CCR # 1 filed in the Senate
  • 04-24-2019 - Signed by the President Pro Tempore
  • 04-24-2019 - Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 625: yeas 93, nays 1
  • 04-24-2019 - Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 590: yeas 46, nays 1
  • 04-29-2019 - Signed by the Speaker
  • 04-30-2019 - Signed by the President of the Senate
  • 05-05-2019 - Signed by the Governor
  • 05-05-2019 - Public Law 229

Votes (7)

DateMotion (click for details)ChamberCommitteeYes
02-14-2019Senate - Committee VoteSenate1100yes
02-19-2019Third readingSenate36410yes
04-03-2019House - Committee VoteHouse841yes
04-11-2019House - Amendment #1 (Pierce) prevailedHouse53389yes
04-15-2019House - Third readingHouse9307yes
04-24-2019House - Rules Suspended. Conference Committee Report 1House9316yes
04-24-2019Senate - Rules Suspended. Conference Committee Report 1Senate4613yes

Sponsors (13)