Indiana Senate Bill 298 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 4-0)
Status: Passed on April 20 2023 - 100% progression
Action: 2023-04-20 - Public Law 39
Text: Latest bill text (Enrolled) [PDF]

Utility infrastructure improvement charges. Amends the statute governing infrastructure improvement charges for water or wastewater utilities as follows: (1) Provides that in the case of a municipally owned utility or a not-for-profit utility, the adjustment amount to an eligible utility's basic rates and charges for the recovery of infrastructure improvement costs shall be recovered over a 12 month period, regardless of the amount of time over which the infrastructure improvement costs were incurred. (2) Provides that a utility may not recover through an infrastructure improvement charge any infrastructure improvement costs that are recovered by the utility through contributions in aid of construction. (3) Provides that when an eligible utility files a petition for an adjustment amount with the Indiana utility regulatory commission (IURC), the office of utility consumer counselor (OUCC) may examine information of the eligible utility, limited to confirming: (A) that the infrastructure improvements for which recovery is sought are eligible for cost recovery under the statute; and (B) the proper calculation of the proposed adjustment amount. (Existing law provides that the OUCC may examine the information of an eligible utility to confirm these matters, but does not specify that the OUCC's examination is limited to the confirmation of these matters.) (4) Provides that if the IURC finds that an eligible utility's proposed adjustment amount has not been calculated correctly, the IURC shall: (A) provide the correct calculation of the adjustment amount; and (B) allow the eligible utility to implement the corrected adjustment amount. (5) Amends the factors that the IURC may consider in determining the amount of allowable recovery of infrastructure improvement costs for a municipally owned utility or a not-for-profit utility to provide that the IURC may consider other expenses that the IURC considers appropriate, including money for the payment of any taxes that may be assessed against: (A) a municipally owned utility; or (B) a not-for-profit utility or its property; as applicable. (6) Specifies that in the case of a municipally owned utility or not-for-profit utility, the statute's cap limiting total adjustment revenues to 10% of an eligible utility's approved base revenue level applies over the course of each 12 month recovery period. (7) Amends the statute's provisions requiring an eligible utility to reconcile the difference between adjustment revenues and infrastructure improvement costs as follows: (A) Specifies that the reconciliation must occur at the end of each 12 month recovery period. (B) Provides that in the case of a municipally owned utility or a not-for-profit utility, the adjustment amount shall be reset to zero after all previously approved infrastructure improvement costs have been collected.

Utility infrastructure improvement charges.

Sen. Eric Koch [R]

Sen. Ed Charbonneau [R]

Rep. Edmond Soliday [R]

Rep. David Hall [R]

2023-03-20 - House - House - Third reading (Y: 94 N: 0 NV: 1 Abs: 5) [PASS]
2023-02-14 - Senate - Senate - Third reading (Y: 49 N: 0 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2023-04-20	Senate	Public Law 39
2023-04-20	Senate	Signed by the Governor
2023-04-17	Senate	Signed by the President of the Senate
2023-04-03	House	Signed by the Speaker
2023-03-21	House	Returned to the Senate without amendments
2023-03-21	Senate	Signed by the President Pro Tempore
2023-03-20	House	Third reading: passed; Roll Call 273: yeas 94, nays 0
2023-03-16	House	Representative Hall D added as cosponsor
2023-03-16	House	Second reading: ordered engrossed
2023-03-14	House	Committee report: do pass, adopted
2023-02-28	House	First reading: referred to Committee on Utilities, Energy and Telecommunications
2023-02-15	Senate	Referred to the House
2023-02-14	Senate	House sponsor: Representative Soliday
2023-02-14	Senate	Third reading: passed; Roll Call 115: yeas 49, nays 0
2023-02-13	Senate	Senator Charbonneau added as second author
2023-02-13	Senate	Second reading: ordered engrossed
2023-02-09	Senate	Committee report: amend do pass, adopted
2023-01-12	Senate	First reading: referred to Committee on Utilities
2023-01-12	Senate	Authored by Senator Koch

Type	Source
Summary	https://iga.in.gov/legislative/2023/bills/senate/298/details
Text	https://iga.in.gov/legislative/2023/bills/senate/298/#1.INTR
Text	https://iga.in.gov/legislative/2023/bills/senate/298/#2.COMS
Text	https://iga.in.gov/legislative/2023/bills/senate/298/#3.COMH
Text	https://iga.in.gov/legislative/2023/bills/senate/298/#4.ENRH
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/298/#S115
Roll Call	https://iga.in.gov/legislative/2023/bills/senate/298/#H273