This text of Indiana § 8-1-2-46.2 (Water or wastewater utility extension of service for economic
development, to rural area, or to developed but underserved area
without deposit from customers) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
2.
(a)The following definitions apply
throughout this section:
(1)"Developed but underserved area" means an area in which the
prospective service would be provided predominantly to existing
and occupied structures:
(A)that receive water from private wells; or
(B)from which wastewater is disposed of through onsite
private systems such as septic tanks.
(2)"Water or wastewater utility" means a public utility, other than
a not-for-profit utility, as defined in section 125(a) of this chapter,
that provides water or wastewater service to the public.
(b)Notwithstanding any law or rule governing extension of service,
a water or wastewater utility may, on a nondiscriminatory basis, extend
service:
(1)for economic development purposes;
(3)to developed but underserved a
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2. (a) The following definitions apply
throughout this section:
(1) "Developed but underserved area" means an area in which the
prospective service would be provided predominantly to existing
and occupied structures:
(A) that receive water from private wells; or
(B) from which wastewater is disposed of through onsite
private systems such as septic tanks.
(2) "Water or wastewater utility" means a public utility, other than
a not-for-profit utility, as defined in section 125(a) of this chapter,
that provides water or wastewater service to the public.
(b) Notwithstanding any law or rule governing extension of service,
a water or wastewater utility may, on a nondiscriminatory basis, extend
service:
(1) for economic development purposes;
(2) to rural areas; or
(3) to developed but underserved areas;
without a deposit or other adequate assurance of performance from the
customer, to the extent that the extension of service results in a positive
contribution to the utility's overall cost of service over a twenty (20)
year period. For the purposes of this subsection, a water or wastewater
utility's extension of service to a developed but underserved area will
be considered as resulting in a positive contribution to the utility's
overall cost of service over a twenty (20) year period to the extent that
rates to be paid by fifty percent (50%) or more of the customers who
could be served by the extension of service would enable the utility to
fully recover the weighted cost of debt and depreciation expense
attributable to the cost of the main extension for the extension of
service.
(c) If a water or wastewater utility determines that an extension of
service described in subsection (b) will not result in a positive
contribution to the utility's overall cost of service over a twenty (20)
year period, the water or wastewater utility, in extending service, may
require a deposit or other adequate assurance of performance from:
(1) the developer of the project;
(2) a local, regional, or state economic development organization;
or
(3) the customers to be served by the extension of service.
(d) Subsection (e) applies if:
(1) a county executive, a municipal legislative body, or, in Marion
County, the county fiscal body, establishes an infrastructure
development zone under IC 6-1.1-12.5-4; and
(2) the county executive, municipal legislative body, or county
fiscal body requests a public utility to extend water or wastewater
utility service to the geographic territory established as the
infrastructure development zone.
(e) A water or wastewater utility that receives a request described
in subsection (d)(2) may file a petition with the commission seeking
approval of the requested extension of service. If the commission
approves the petition, in future general rate cases, the commission shall
approve rate schedules that include a surcharge payable only by
customers located in the geographic area within the jurisdiction of the
governmental entity described in subsection (d), or, if requested by the
governmental entity, only within the geographic area established as an
infrastructure development zone. The surcharge shall recover
depreciation expense, weighted cost of capital, and federal and state
income tax applicable to the extension of water or wastewater utility
service.