§ 36-7-30-33 — Provision of utility services on current or former air force base property

Indiana § 36-7-30-33

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 30: Reuse of Federal Military Bases

Text

(a) This section applies to a military base or
military base property that is or was operated by the United States Air
Force as an air force base.
(b) Notwithstanding any other provision of this chapter or any other
law, a municipal utility may through any means provide and acquire
without appraisal water, sewer, electric, and stormwater services to a
military base or military base property under a negotiated agreement
with:
(1) the state;
(2) the federal government;
(3) agencies or departments of the state or federal government;
(4) a reuse authority;
(5) an authority operating under IC 36-7-14.5-12.5; or
(6) any other legal entity;
without regard to territorial or geographical restrictions except for
territorial or geographical restrictions on electric services under IC 8-1-2.3 and without approvals by any entity or body other than the
municipal legislative body or the board that oversees the municipal
utility.
(c) An agreement entered into under subsection (b) and the
provision of services under the agreement are not subject to regulatory
approval. Rates and charges for the provision of services and financing
of improvements to provide the services are not subject to regulatory
approval.
(d) A municipal utility may fund improvements serving a military
base or military base property with:
(1) bonds payable from revenues or sources of funds permitted by
statute; or
(2) a separate series of bonds payable solely from revenues of
improvements serving the military base or military base property.
(e) A municipal utility may hire employees or set up departments it
considers necessary to serve a military base or military base property
under this section.
(f) The municipal legislative body or the board that oversees the
municipal utility may set rates and charges for the services provided on
the military base or military base property that are separate from rates
and charges for other ratepayers for the same services after conducting
a public hearing with notice given under IC 5-3-1.
(g) Rates charged by a municipal utility providing services to a
military base under this section must be established using the criteria
set forth in:
(1) IC 8-1.5-3 with respect to water services and electric services;
(2) IC 36-9-23 with respect to sewer services; and
(3) IC 8-1.5-5 with respect to storm water services.
(h) Nothing in this section shall be construed to prohibit a rural
electric membership corporation established under IC 8-1-13 that has
entered into an agreement with any entity to provide electric services
to a portion of a military base or military base property from continuing
to provide electric services under the agreement.

Legislative History

As added by P.L.229-1997, SEC.2.