SB 298 IN

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Became Law

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.

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

1. Jan 12, 2023 Authored by Senator Koch · upper
2. Jan 12, 2023 First reading: referred to Committee on Utilities · upper
3. Feb 9, 2023 Committee report: amend do pass, adopted · upper
4. Feb 13, 2023 Second reading: ordered engrossed · upper
5. Feb 13, 2023 Senator Charbonneau added as second author · upper
6. Feb 14, 2023 Third reading: passed; Roll Call 115: yeas 49, nays 0 · upper
7. Feb 14, 2023 House sponsor: Representative Soliday · upper
8. Feb 15, 2023 Referred to the House · upper
9. Feb 28, 2023 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
10. Mar 14, 2023 Committee report: do pass, adopted · lower
11. Mar 16, 2023 Second reading: ordered engrossed · lower
12. Mar 16, 2023 Representative Hall D added as cosponsor · lower
13. Mar 20, 2023 Third reading: passed; Roll Call 273: yeas 94, nays 0 · lower
14. Mar 21, 2023 Signed by the President Pro Tempore · upper
15. Mar 21, 2023 Returned to the Senate without amendments · lower
16. Apr 3, 2023 Signed by the Speaker · lower
17. Apr 17, 2023 Signed by the President of the Senate · upper
18. Apr 20, 2023 Signed by the Governor · executive
19. Apr 20, 2023 Public Law 39 · 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) · Mar 21, 2023 · PDF
• Introduced Senate Bill (S) · Jan 12, 2023 · PDF
• Senate Bill (S) · Feb 9, 2023 · PDF
• Senate Bill (H) · Mar 14, 2023 · PDF