§ 8-1-2-101.5 — Compliance by municipal water or wastewater utility with Indiana utility regulatory commission rules regarding main extensions; dispute resolution

Indiana § 8-1-2-101.5

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2: Utility Regulation

Text

5. (a) This section applies to:
(1) a water main extension;
(2) a wastewater main extension; or
(3) an agreement that:
(A) is for a water main extension or a wastewater main
extension; and
(B) is entered into after June 30, 2020, by a utility and the
person requesting the extension.
(b) As used in this section, "utility" means a municipally owned
utility (as defined in IC 8-1-2-1(h)) that provides water service or
wastewater service, or both, to the public.
(c) With respect to any water main extension or wastewater main
extension, a utility shall comply with the commission's rules governing
water main extensions or wastewater main extensions, as applicable,
including:
(1) 170 IAC 6-1.5, in the case of a water main extension; or
(2) 170 IAC 8.5-4, in the case of a wastewater main extension;
as may be amended by the commission, regardless of whether the
utility is subject to the jurisdiction of the commission for the approval
of rates and charges. However, a utility is not required to comply with
any provisions in the commission's main extension rules that require
reporting to the commission.
(d) Disputes arising under this section may be submitted as informal
complaints to the commission's consumer affairs division, in
accordance with IC 8-1-2-34.5(b) and the commission's rules under 170
IAC 16, including provisions for referrals and appeals to the full
commission, regardless of whether the person requesting the extension
is a customer of the utility.
(e) The commission shall adopt by:
(1) order; or
(2) rule under IC 4-22-2;
other procedures not inconsistent with this section that the commission
determines to be reasonable or necessary to administer this section.
(f) If the commission determines that it requires additional staff to
handle the volume of informal complaints submitted under this section,
the commission may impose a fee under this section. Any fee charged
by the commission under this section may:
(1) not exceed:
(A) the commission's actual costs in administering this section;
or
(B) seven hundred fifty dollars ($750);
whichever is less; and
(2) be assessed against the party against whom a decision is
rendered under this section.

Legislative History

As added by P.L.160-2020, SEC.4. Amended by P.L.93-2024, SEC.64.