IN SB0472 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: Passed on May 5 2019 - 100% progression
Action: 2019-05-05 - Public Law 229
Text: Latest bill text (Enrolled) [PDF]

Summary

Utility matters. Provides that an order affecting rates of service may be entered by the utility regulatory commission (IURC) without a formal public hearing in the case of any public or municipally owned utility that either: (1) serves less than 8,000 customers; or (2) has initiated a rate case on behalf of a single division of the utility and that division: (A) serves less than 5,000 customers; and (B) has an IURC-approved schedule of rates and charges that is separate and independent from that of any other division of the utility. (Current law permits the IURC to enter a service rate order without a public hearing only in the case of a utility that itself serves less than 5,000 customers.) Changes the term "distressed utility" to "offered utility" for purposes of statutory provisions regarding the acquisition of water or wastewater utilities. Makes the following changes for purposes of the statutory provisions under which a utility that acquires property from another utility at a cost differential may petition the IURC to include the cost differential in the acquiring utility's rate base: (1) Provides conditions for applicability of the rebuttable presumption that the cost differential is reasonable. (2) Amends the findings the IURC must make in order to approve the petition. (3) Provides that notice of the filing of the petition may be provided to customers of the acquiring utility company in a billing insert. (4) Requires the acquiring utility company to submit with its petition to the IURC a written description of how the acquiring utility will identify and make reasonable and prudent improvements necessary to provide safe and reliable service to customers of the offered utility. Provides, for purposes of the requirement that a municipality that plans to sell or dispose of nonsurplus municipally owned utility property must appoint appraisers in a writing that is a public record, that a written contract with the appraisers or the appraisers' firms satisfies this requirement. Provides that the municipality must hold a public hearing regarding the appraisal and proposed sale not later than 180 days (rather than 90 days, under current law) after the appraisal is complete. Amends the factors the IURC must consider in deciding whether the sale or disposition is in the public interest. Provides that if, within a county containing a consolidated city: (1) a main sewer line is extended for the purpose of connecting one or more residential or commercial properties to a sanitary sewer system; and (2) the extension, when completed, will be located within a certain distance of the property line of a residential property served by a septic system; the Health and Hospital Corporation of Marion County (corporation) or its board may not order that the residential property served by a septic system be connected to the extension. Provides, however, that the connection of a residential property served by a septic system to such an extension may be ordered if: (1) the state department of health; or (2) the corporation or its board; determines that the septic system serving the residential property is failing. Specifies that these provisions do not affect a septic tank elimination program approved by the IURC. Urges the legislative council to assign to an appropriate interim study committee the task of studying, on a statewide basis, the connection of unserved properties to sanitary sewer systems owned or operated by various public and private entities.

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Title

Utility matters. Provides that an order affecting rates of service may be entered by the utility regulatory commission (IURC) without a formal public hearing in the case of any public or municipally owned utility that either: (1) serves less than 8,000 customers; or (2) has initiated a rate case on behalf of a single division of the utility and that division: (A) serves less than 5,000 customers; and (B) has an IURC-approved schedule of rates and charges that is separate and independent from that of any other division of the utility. (Current law permits the IURC to enter a service rate order without a public hearing only in the case of a utility that itself serves less than 5,000 customers.) Changes the term "distressed utility" to "offered utility" for purposes of statutory provisions regarding the acquisition of water or wastewater utilities. Makes the following changes for purposes of the statutory provisions under which a utility that acquires property from another utility at a cost differential may petition the IURC to include the cost differential in the acquiring utility's rate base: (1) Provides conditions for applicability of the rebuttable presumption that the cost differential is reasonable. (2) Amends the findings the IURC must make in order to approve the petition. (3) Provides that notice of the filing of the petition may be provided to customers of the acquiring utility company in a billing insert. (4) Requires the acquiring utility company to submit with its petition to the IURC a written description of how the acquiring utility will identify and make reasonable and prudent improvements necessary to provide safe and reliable service to customers of the offered utility. Provides, for purposes of the requirement that a municipality that plans to sell or dispose of nonsurplus municipally owned utility property must appoint appraisers in a writing that is a public record, that a written contract with the appraisers or the appraisers' firms satisfies this requirement. Provides that the municipality must hold a public hearing regarding the appraisal and proposed sale not later than 180 days (rather than 90 days, under current law) after the appraisal is complete. Amends the factors the IURC must consider in deciding whether the sale or disposition is in the public interest. Provides that if, within a county containing a consolidated city: (1) a main sewer line is extended for the purpose of connecting one or more residential or commercial properties to a sanitary sewer system; and (2) the extension, when completed, will be located within a certain distance of the property line of a residential property served by a septic system; the Health and Hospital Corporation of Marion County (corporation) or its board may not order that the residential property served by a septic system be connected to the extension. Provides, however, that the connection of a residential property served by a septic system to such an extension may be ordered if: (1) the state department of health; or (2) the corporation or its board; determines that the septic system serving the residential property is failing. Specifies that these provisions do not affect a septic tank elimination program approved by the IURC. Urges the legislative council to assign to an appropriate interim study committee the task of studying, on a statewide basis, the connection of unserved properties to sanitary sewer systems owned or operated by various public and private entities.

Sponsors


Roll Calls

2019-04-24 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 46 N: 1 NV: 2 Abs: 1) [PASS]
2019-04-24 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 93 N: 1 NV: 1 Abs: 5) [PASS]
2019-04-15 - House - House - Third reading (Y: 93 N: 0 NV: 0 Abs: 7) [PASS]
2019-04-11 - House - House - Amendment #1 (Pierce) prevailed (Y: 53 N: 38 NV: 1 Abs: 8) [PASS]
2019-04-03 - House - House - Committee Vote (Y: 8 N: 4 NV: 0 Abs: 1) [PASS]
2019-02-19 - Senate - Third reading (Y: 36 N: 4 NV: 9 Abs: 1) [PASS]
2019-02-14 - Senate - Senate - Committee Vote (Y: 11 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-05-05SenatePublic Law 229
2019-05-05SenateSigned by the Governor
2019-04-30SenateSigned by the President of the Senate
2019-04-29HouseSigned by the Speaker
2019-04-24SenateSigned by the President Pro Tempore
2019-04-24HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 625: yeas 93, nays 1
2019-04-24SenateRules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 590: yeas 46, nays 1
2019-04-23HouseCCR # 1 filed in the House
2019-04-23SenateCCR # 1 filed in the Senate
2019-04-18SenateSenate advisors appointed: Garten, Randolph Lonnie M and Charbonneau
2019-04-18SenateSenate conferees appointed: Koch and Ford J.D.
2019-04-18HouseRepresentative Hamilton added as cosponsor
2019-04-17HouseHouse advisors appointed: Frye R, Morrison, Candelaria Reardon, Hatfield and Macer
2019-04-17HouseHouse conferees appointed: Soliday and Pierce
2019-04-17SenateSenate dissented from House amendments
2019-04-16SenateMotion to dissent filed
2019-04-16HouseReturned to the Senate with amendments
2019-04-15HouseThird reading: passed; Roll Call 516: yeas 93, nays 0
2019-04-11HouseAmendment #1 (Pierce) prevailed; Roll Call 502: yeas 53, nays 38
2019-04-11HouseAmendment #4 (Soliday) prevailed; voice vote
2019-04-11HouseAmendment #3 (Soliday) prevailed; voice vote
2019-04-11HouseSecond reading: amended, ordered engrossed
2019-04-09HouseRepresentative Hamilton removed as cosponsor
2019-04-04HouseCommittee report: amend do pass, adopted
2019-03-25HouseRepresentative Frye added as cosponsor
2019-03-05HouseFirst reading: referred to Committee on Utilities, Energy and Telecommunications
2019-02-20SenateReferred to the House
2019-02-19SenateCosponsor: Representative Hamilton
2019-02-19SenateHouse sponsor: Representative Soliday
2019-02-19SenateThird reading: passed; Roll Call 160: yeas 36, nays 4
2019-02-19SenateSenator Ruckelshaus added as coauthor
2019-02-18SenateSenators Merritt, Houchin, Zay, Randolph, Kruse, Doriot added as coauthors
2019-02-18SenateSenator Charbonneau added as third author
2019-02-18SenateSenator Garten added as second author
2019-02-18SenateSecond reading: ordered engrossed
2019-02-14SenateCommittee report: amend do pass, adopted
2019-01-14SenateFirst reading: referred to Committee on Utilities
2019-01-14SenateAuthored by Senator Koch

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2019/bills/senate/472/
Texthttp://iga.in.gov/static-documents/f/3/a/6/f3a6007d/SB0472.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/2/b/a/a/2baa067e/SB0472.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/4/2/8/7/4287c9ec/SB0472.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/c/0/7/b/c07b0535/SB0472.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/b/7/c/f/b7cf7125/SB0472.03.COMH.pdf
Texthttp://iga.in.gov/static-documents/6/4/5/f/645ff1ac/SB0472.03.COMH.pdf
Texthttp://iga.in.gov/static-documents/8/c/5/a/8c5a9c89/SB0472.04.ENGH.pdf
Texthttp://iga.in.gov/static-documents/e/a/f/8/eaf86584/SB0472.04.ENGH.pdf
Texthttp://iga.in.gov/static-documents/e/c/f/a/ecfa7d0d/SB0472.05.ENRH.pdf
Roll Callhttp://iga.in.gov/static-documents/5/8/5/9/5859ab2b/SB0472.01.INTR.01.pdf
Roll Callhttp://iga.in.gov/static-documents/2/6/e/3/26e36060/SB0472.160.pdf
Roll Callhttp://iga.in.gov/static-documents/3/9/f/1/39f1d8ef/SB0472.02.COMS.01.pdf
Roll Callhttp://iga.in.gov/static-documents/a/1/2/d/a12dd532/SB0472.502.pdf
Roll Callhttp://iga.in.gov/static-documents/8/e/e/a/8eea00ad/SB0472.516.pdf
Roll Callhttp://iga.in.gov/static-documents/8/d/2/5/8d2511e5/SB0472.625.pdf
Roll Callhttp://iga.in.gov/static-documents/c/5/0/f/c50f5f97/SB0472.590.pdf

Bill Comments

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