Indiana § 8-1.5-6-9 Enforcement of regulatory ordinance in absence of wholesale sewage
petition

Indiana Statutes

§ 8-1.5-6-9 — Enforcement of regulatory ordinance in absence of wholesale sewage petition

Indiana § 8-1.5-6-9

Art. 1.5MUNICIPAL UTILITIES

Ch. 6Utility Service in Regulated Territories

This text of Indiana § 8-1.5-6-9 (Enforcement of regulatory ordinance in absence of wholesale sewage petition) 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.

Bluebook

Ind. Code § 8-1.5-6-9 (2026).

Text

(a)This section applies if:

(1)a municipality adopts a regulatory ordinance after December 31, 2012; and

(2)a utility owned by the municipality does not, or is not eligible to, file a wholesale sewage petition.

(b)A municipality may not enforce a regulatory ordinance until the commission issues an order under subsection (c). The municipality shall petition the commission for approval of the regulatory ordinance. The petition must include the following:

(1)A description of the service territory established in the regulatory ordinance.

(2)Proposed rates and charges for the services to be provided in the service territory.

(3)A list of any administrative or judicial proceedings involving the regulatory ordinance.

(4)A list of any utilities actually or potentially affected by the regul

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(a) This section applies if:
(1) a municipality adopts a regulatory ordinance after December
31, 2012; and
(2) a utility owned by the municipality does not, or is not eligible
to, file a wholesale sewage petition.
(b) A municipality may not enforce a regulatory ordinance until the
commission issues an order under subsection (c). The municipality
shall petition the commission for approval of the regulatory ordinance.
The petition must include the following:
(1) A description of the service territory established in the
regulatory ordinance.
(2) Proposed rates and charges for the services to be provided in
the service territory.
(3) A list of any administrative or judicial proceedings involving
the regulatory ordinance.
(4) A list of any utilities actually or potentially affected by the
regulatory ordinance.
(c) After notice and hearing, the commission shall issue an order
resolving all issues presented in the petition described in subsection
(b), including the enforceability of the regulatory ordinance in the
manner that the commission determines is in the public interest. In
making a determination of the public interest, the commission shall
consider the factors set forth in section 8(g) of this chapter. The
commission shall issue the order within three hundred (300) days after
the petition described in subsection (b) is filed.
(d) If the commission does not approve the petition, the municipality
may modify and resubmit the petition in the manner prescribed by the
commission. After notice and hearing, the commission shall review the
petition as set forth in subsection (c). If the commission does not
approve the resubmitted petition, the regulatory ordinance is void.
(e) The municipality may petition the commission to rescind or
modify an order issued under subsection (c) not earlier than five (5)
years after the date on which the order was issued.