SB 273 IN

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Provides that the IURC may approve periodic tracking mechanisms for water or wastewater utilities to permit such utilities to recover the following: (1) Changes in property taxes. (2) With respect to customers located within the geographic boundaries of local units of government, incremental costs of operation and maintenance resulting from policies or ordinances that are adopted by those local units and that the IURC determines to be unusual but not necessarily unreasonable. Requires the IURC to adopt rules to define what is unreasonable with respect to road cut permits and other specifications or policies established by a local unit that imposes costs on water or wastewater utilities. Amends the statute concerning wholesale water sales between small water utilities by increasing from 5,000 to 8,000 the threshold number of customers served by a water utility (as either a purchaser or supplier) for purposes of the statute. Amends the statute governing infrastructure improvement charges for water or wastewater utilities as follows: (1) Specifies that an "eligible infrastructure improvement" includes: (A) a project to relocate existing utility plant, including projects to accommodate the construction, reconstruction, or improvement of a highway, street, or road; and (B) a project that does not increase revenues by connecting to new customers, even if the project provides greater available capacity with respect to an eligible utility's distribution or collection plant. (2) Sets forth distinctions for public utilities, municipally owned utilities, and not-for-profit utilities with respect to: (A) costs that are eligible for recovery under the statute; (B) the factors the IURC may consider in determining the amount of allowable cost recovery; and (C) the resetting of the adjustment amount after a base rate case. (3) Specifies that the limitation restricting total adjustment revenues to 10% of an eligible utility's most recently approved base revenue level does not apply with respect to property taxes associated with eligible infrastructure improvements. Amends provisions in the Indiana Code chapter concerning a utility company's acquisition of an offered water or wastewater utility, by providing that the rates charged by the acquiring utility company are not considered to increase unreasonably as a result of the acquisition if the net original cost of the acquired assets does not exceed 2% of the acquiring utility company's net original cost rate base as determined in the acquiring utility's most recent general rate case, plus any adjustments to the rate base resulting from: (1) an infrastructure improvement charge; or (2) an adjustment rider for service enhancement improvement costs; that have occurred after the rate case. Makes a similar change to the Indiana Code section concerning the sale of a municipally owned utility's nonsurplus utility property.

• Eric Koch Republican · author
• Ed Charbonneau Republican · author
• Edmond Soliday Republican · sponsor

1. Jan 10, 2022 Authored by Senator Koch · upper
2. Jan 10, 2022 First reading: referred to Committee on Utilities · upper
3. Jan 24, 2022 Committee report: amend do pass, adopted · upper
4. Jan 25, 2022 Senator Randolph added as coauthor · upper
5. Jan 27, 2022 Second reading: ordered engrossed · upper
6. Jan 31, 2022 Senator Charbonneau added as second author · upper
7. Feb 1, 2022 Third reading: passed; Roll Call 119: yeas 48, nays 0 · upper
8. Feb 1, 2022 House sponsor: Representative Soliday · upper
9. Feb 2, 2022 Referred to the House · upper
10. Feb 8, 2022 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
11. Feb 22, 2022 Committee report: do pass, adopted · lower
12. Feb 24, 2022 Amendment #1 (Moed) motion withdrawn · lower
13. Feb 24, 2022 Second reading: ordered engrossed · lower
14. Feb 28, 2022 Third reading: passed; Roll Call 289: yeas 93, nays 1 · lower
15. Mar 1, 2022 Signed by the President Pro Tempore · upper
16. Mar 1, 2022 Returned to the Senate without amendments · lower
17. Mar 4, 2022 Signed by the Speaker · lower
18. Mar 9, 2022 Signed by the President of the Senate · upper
19. Mar 10, 2022 Public Law 61 · upper
20. Mar 10, 2022 Signed by the Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled Senate Bill (S) · Mar 1, 2022 · PDF
• Introduced Senate Bill (S) · Jan 10, 2022 · PDF
• Senate Bill (S) · Jan 24, 2022 · PDF
• Senate Bill (H) · Feb 22, 2022 · PDF