This text of Indiana § 8-1-26-17 (Association membership; board of directors; association's duties) 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.
(a)An operator that has underground facilities
located in Indiana must be a member of the Indiana Underground Plant
Protection Service or its successor organization. The articles of
incorporation or the bylaws of the Indiana Underground Plant
Protection Service or its successor organization shall do the following:
(1)Provide that the board of directors of the Indiana Underground
Plant Protection Service or its successor organization is composed
of:
(A)five (5) members representing electric utilities other than
municipal electric utilities, including corporations organized or
operating under IC 8-1-13 or corporations organized under IC 23-17, some of whose members are local district corporations
(as described in IC 8-1-13-23);
(B)five (5) members representing investor owned gas utilitie
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(a) An operator that has underground facilities
located in Indiana must be a member of the Indiana Underground Plant
Protection Service or its successor organization. The articles of
incorporation or the bylaws of the Indiana Underground Plant
Protection Service or its successor organization shall do the following:
(1) Provide that the board of directors of the Indiana Underground
Plant Protection Service or its successor organization is composed
of:
(A) five (5) members representing electric utilities other than
municipal electric utilities, including corporations organized or
operating under IC 8-1-13 or corporations organized under IC 23-17, some of whose members are local district corporations
(as described in IC 8-1-13-23);
(B) five (5) members representing investor owned gas utilities,
including pipelines;
(C) five (5) members representing communications service
providers, at least one (1) of whom is a provider of cable
television service;
(D) five (5) members representing water or sewer utilities other
than municipal water or sewer utilities; and
(E) five (5) members representing political subdivisions,
including municipal utilities, which must include a member
representing the largest waterworks utility in Indiana that is
owned by:
(i) a political subdivision; or
(ii) a department of public utilities created by IC 8-1-11.1.
(2) Require the affirmative vote of at least sixty percent (60%) of
each category of members appointed under subdivision (1) to
approve an increase, a decrease, or any other adjustment to the
membership dues, rates, tariffs, locate fees, or any other charges
imposed by the Indiana Underground Plant Protection Service or
its successor organization.
(b) The association shall provide for mutual receipt of:
(1) notices of excavation or demolition operations under section
16 of this chapter; and
(2) design information notices under section 16.5 of this chapter.
(c) The association shall:
(1) annually update the association's base map data, including
street addresses; and
(2) make reasonable efforts to reduce incorrect locate requests
issued to the association's members.
(d) The association shall develop and implement guidelines to
provide notice to an operator under section 16 or 16.5 of this chapter
at the prevailing time the association receives notice from the person
responsible for an excavation or demolition.
(e) The association shall develop and adopt policies and procedures
for processing design information notices under section 16.5 of this
chapter. The policies and procedures adopted under this subsection
must require the association to do the following upon receiving a
design information notice under section 16.5 of this chapter:
(1) Immediately provide notice to each member operator that has
underground facilities located in the project area that will be
affected by the proposed excavation or demolition, in accordance
with section 16.5(c) of this chapter.
(2) Immediately provide the person serving the design
information notice a list of the identified operators receiving the
notice under subdivision (1), in accordance with section 16.5(c)
of this chapter.