SB 349 IN

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Became Law

Requires that the priority ranking system used by the Indiana finance authority in making loans or other financial assistance from: (1) the drinking water revolving loan fund; or (2) the wastewater revolving loan fund; must prioritize loans securing longer term benefits over shorter term projects, all other factors being equal. Provides that not later than 60 days after the effective date of a change in the applicable federal or state income tax rate as a result of new legislation, a water or wastewater utility shall petition the utility regulatory commission (IURC) for a water or wastewater utility surcharge that adjusts the water or wastewater utility's rates and charges to provide recovery for the change in the federal or state income tax rate. Provides that a water or wastewater utility that serves fewer than 8,000 customers may, but is not required to, file a petition for such a surcharge. Provides that a surcharge shall be calculated to reflect the difference between: (1) the amount of federal or state income taxes that each existing rate or charge of the water or wastewater utility was designed to recover based on the income tax rate in effect at the time the rate or charge was approved; and (2) the amount of federal or state income taxes that would have been embedded in the given rate or charge had the new tax rate been in effect at the time of approval. Provides that a surcharge shall not include normalization of a water or wastewater utility's accumulated deferred income taxes. Provides that the IURC shall approve a proposed surcharge if the IURC finds that: (1) the surcharge has been calculated correctly; and (2) the water or wastewater utility's proposal is just and reasonable. Provides that an approved surcharge shall operate on a prospective basis. Amends the applicability language of the statute governing the transfer, acquisition, and improvement of utilities by municipalities to specify that the statute applies to a municipally owned electric, water, wastewater, or combined water and wastewater utility.

• Eric Koch Republican · author
• Andy Zay · author
• Erin Houchin · author
• Edmond Soliday Republican · sponsor

1. Jan 11, 2021 Authored by Senator Koch · upper
2. Jan 11, 2021 First reading: referred to Committee on Utilities · upper
3. Feb 18, 2021 Committee report: amend do pass, adopted · upper
4. Feb 22, 2021 Senator Zay added as second author · upper
5. Feb 22, 2021 Senator Houchin added as third author · upper
6. Feb 22, 2021 Senator Doriot added as coauthor · upper
7. Feb 22, 2021 Amendment #1 (Koch) prevailed; voice vote · upper
8. Feb 22, 2021 Second reading: amended, ordered engrossed · upper
9. Feb 22, 2021 Senator Randolph added as coauthor · upper
10. Feb 23, 2021 House sponsor: Representative Soliday · upper
11. Feb 23, 2021 Cosponsor: Representative Pressel · upper
12. Feb 23, 2021 Third reading: passed; Roll Call 192: yeas 39, nays 8 · upper
13. Feb 24, 2021 Referred to the House · upper
14. Mar 4, 2021 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
15. Mar 23, 2021 Committee report: amend do pass, adopted · lower
16. Mar 30, 2021 Amendment #1 (Soliday) prevailed; voice vote · lower
17. Mar 30, 2021 Second reading: amended, ordered engrossed · lower
18. Apr 5, 2021 Third reading: passed; Roll Call 354: yeas 91, nays 5 · lower
19. Apr 6, 2021 Returned to the Senate with amendments · lower
20. Apr 6, 2021 Motion to concur filed · upper
21. Apr 13, 2021 Senate concurred in House amendments; Roll Call 434: yeas 48, nays 1 · upper
22. Apr 21, 2021 Signed by the President Pro Tempore · upper
23. Apr 22, 2021 Signed by the Speaker · lower
24. Apr 26, 2021 Public Law 120 · upper
25. Apr 26, 2021 Signed by the Governor · executive
26. Apr 26, 2021 Signed by the President of the Senate · upper

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) · Apr 14, 2021 · PDF
• Introduced Senate Bill (S) · Jan 11, 2021 · PDF
• Senate Bill (S) · Feb 18, 2021 · PDF
• Engrossed Senate Bill (S) · Feb 22, 2021 · PDF
• Senate Bill (H) · Mar 23, 2021 · PDF
• Engrossed Senate Bill (H) · Mar 30, 2021 · PDF