6.
(a)As used in this section, "capacity
related fee" means a fee to recover the cost of capacity as new
customers connect to a water or wastewater system. The term includes
the following:
(1)A system development charge.
(3)An interceptor fee.
The term does not include any fee or charge imposed in connection
with a water main extension or a wastewater main extension described
in section 101.5 of this chapter.
(b)As used in this section, "contributions in aid of construction",
with respect to utility infrastructure, means any amount of money,
services, or property that:
(1)is received by a local unit or a utility from any person,
developer, or governmental agency for the installation or
extension of the utility infrastructure;
(2)is provided at no cost to the
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6. (a) As used in this section, "capacity
related fee" means a fee to recover the cost of capacity as new
customers connect to a water or wastewater system. The term includes
the following:
(1) A system development charge.
(2) An availability fee.
(3) An interceptor fee.
The term does not include any fee or charge imposed in connection
with a water main extension or a wastewater main extension described
in section 101.5 of this chapter.
(b) As used in this section, "contributions in aid of construction",
with respect to utility infrastructure, means any amount of money,
services, or property that:
(1) is received by a local unit or a utility from any person,
developer, or governmental agency for the installation or
extension of the utility infrastructure;
(2) is provided at no cost to the local unit or utility; and
(3) includes:
(A) fees or charges paid by any person or developer;
(B) contributions, grants, or forgivable loans from
governmental agencies; and
(C) any other money or property provided at no cost to the local
unit or utility.
(c) As used in this section, "local unit" means:
(1) a county; or
(2) a municipality;
that provides water service or wastewater service, or both, to the public
and that is not under the jurisdiction of the commission for the approval
of rates and charges with respect to the water service or wastewater
service that is provided.
(d) As used in this section, "tap fee" means a fee or charge imposed
by a local unit or a utility for an actual physical connection to the local
unit's or the utility's utility infrastructure. The term does not include any
fee or charge imposed in connection with a water main extension or a
wastewater main extension described in section 101.5 of this chapter.
(e) As used in this section, "utility" means a:
(1) public utility (as defined in section 1(a) of this chapter);
(2) municipally owned utility (as defined in section 1(h) of this
chapter), including a sewer utility operated under IC 36-9-23 or
IC 36-9-25;
(3) not-for-profit utility (as defined in section 125(a) of this
chapter);
(4) cooperatively owned corporation;
(5) conservancy district established under IC 14-33; or
(6) regional district established under IC 13-26;
that provides water service or wastewater service, or both, to the public
and that is not under the jurisdiction of the commission for the approval
of rates and charges with respect to the water service or wastewater
service that is provided.
(f) As used in this section, "utility infrastructure" means mains,
service lines, pumps, and other facilities or infrastructure used to
provide water or wastewater service.
(g) A local unit or a utility may not calculate and then charge,
attempt to charge, or collect any capacity related fee or tap fee that:
(1) is established after June 30, 2022; and
(2) includes contributions in aid of construction.
(h) After June 30, 2022, if a local unit or a utility calculates and then
charges or attempts to charge any property owner, including a
developer of the property, a capacity related fee or a tap fee either of
which is established after June 30, 2022, and that is based, in whole or
in part, on contributions in aid of construction, the property owner is
entitled to request, not later than thirty (30) days after the date the
capacity related fee or tap fee is imposed by the local unit or the utility,
to meet with the local unit or the utility to review:
(1) the engineering and financial analyses the capacity related fee
or tap fee was based on; and
(2) if applicable, the ordinance adopting the capacity related fee
or tap fee.
A local unit or a utility shall, not later than thirty (30) days after receipt
of a property owner's request under this subsection, meet with the
property owner for a review described in this subsection.
(i) If a meeting and review held under subsection (h) does not result
in a satisfactory resolution, the property owner may, not later than
seven (7) days after the date of the meeting, file with the commission
a petition challenging the capacity related fee or tap fee. If the
commission determines the capacity related fee or tap fee is based in
whole or in part on contributions in aid of construction, the commission
shall:
(1) invalidate the capacity related fee or tap fee; or
(2) modify the capacity related fee or tap fee to comply with this
section.
A property owner's right to file a petition with the commission under
this subsection is in addition to any other rights or remedies the
property owner may have by law or contract. The commission is not
precluded from reviewing a capacity related fee or tap fee under this
subsection because of a prior challenge to the capacity related fee or
tap fee under another law. A party adversely affected by a
determination of the commission under this subsection is entitled to
appeal the determination under the same appeal procedures set forth in
IC 8-1-3.