Utility infrastructure improvement charges.
Summary
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.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2023
Committee Review
Mar 2023
Senate Passage
Apr 2023
House Passage
Apr 2023
Signed into Law
Apr 2023
Introduced Jan 12, 2023
Signed Apr 20, 2023
Floor votes · House Mar 20, 2023
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
19
Key actions
8
Committee
2
Apr 20, 2023
Signed into law
Signed by the Governor
executive
Apr 17, 2023
Upper · Passed
Signed by the President of the Senate
upper
Apr 3, 2023
Lower · Passed
Signed by the Speaker
lower
Mar 21, 2023
Upper · Passed
Signed by the President Pro Tempore
upper
Mar 20, 2023
Lower · Passed
Third reading: passed; Roll Call 273: yeas 94, nays 0
lower
Mar 14, 2023
Lower · Passed
Committee report: do pass, adopted
lower
Feb 14, 2023
Upper · Passed
Third reading: passed; Roll Call 115: yeas 49, nays 0
upper
Feb 9, 2023
Upper · Passed
Committee report: amend do pass, adopted
upper
3 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ed Charbonneau
RRepublican
P
Ed Soliday
RRepublican
P
Eric Koch
RRepublican
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