Bill Text: IN HB1431 | 2011 | Regular Session | Introduced
Bill Title: Campground utility rates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Utilities and Energy [HB1431 Detail]
Download: Indiana-2011-HB1431-Introduced.html
Citations Affected: IC 13-26-11; IC 14-33-5.
Synopsis: Campground utility rates. Provides that, after June 30, 2011,
a campground that is billed a flat rate for sewage service may not: (1)
elect to install a meter to measure sewage discharge for billing
purposes; or (2) be billed based on residential equivalent units.
Provides that after December 31, 2012, a campground may not file a
dispute with the Indiana utility regulatory commission concerning
metered or residential equivalent sewage billing. Makes conforming
amendments.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Utilities and Energy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
(1) A flat charge for each connection.
(2) The amount of water used on the premises.
(3) The number and size of water outlets on the premises.
(4) The amount, strength, or character of sewage discharged into the sewers.
(5) The size of sewer connections.
(6) Whether the property served has been or will be required to pay separately for the cost of any of the facilities of the works.
(7) A combination of these or other factors that the board determines is necessary to establish nondiscriminatory, just, and equitable rates or charges.
(b) If a campground is billed for sewage service at a flat rate under
subsection (a), the campground may instead elect to be billed for the
sewage service under this subsection by installing, at the campground's
expense, a meter to measure the actual amount of sewage discharged
by the campground into the sewers. If a campground elects to be billed
by use of a meter:
(1) the rate charged by a board for the metered sewage service
may not exceed the rate charged to residential customers for
equivalent usage; and
(2) the amount charged by a board for the campground's monthly
sewage service for the period beginning September 1 and ending
May 31 must be equal to the greater of:
(A) the actual amount that would be charged for the sewage
discharged during the month by the campground as measured
by the meter; or
(B) the lowest monthly charge paid by the campground for
sewage service during the previous period beginning June 1
and ending August 31.
A campground may not make an election under this subsection
after June 30, 2011.
(c) If a campground does not install a meter under subsection (b)
and is billed for sewage service at a flat rate under subsection (a), the
following apply:
(1) For a calendar year beginning after December 31, 2004, and
ending before January 1, 2012, each campsite at the
campground may not equal more than one-third (1/3) of one (1)
resident equivalent unit. The basic monthly charge for the
campground's sewage service must be equal to the number of the
campground's resident equivalent units multiplied by the rate
charged by the board for a resident unit.
(2) For a calendar year beginning after December 31, 2011,
the campground is billed for sewage service at a flat rate
under subsection (a).
(d) The board may impose additional charges on a campground
under subsections (b) and (c) (c)(1) if the board incurs additional costs
that are caused by any unique factors that apply to providing sewage
service for the campground, including, but not limited to:
(1) the installation of:
(A) oversized pipe; or
(B) any other unique equipment;
necessary to provide sewage service for the campground; and
(2) concentrations of biochemical oxygen demand (BOD) that
exceed federal pollutant standards.
(b) This section applies to an owner or operator of a campground described in section 2(b) or
(1) that the campground is being billed at rates charged to residential customers for equivalent usage as required by section 2(b)(1) of this chapter;
(2) the number of resident equivalent units determined for the campground under section
(3) that any additional charges imposed on the campground under section 2(d) of this chapter are reasonable or nondiscriminatory.
(c) If an owner or operator:
(1) makes a good faith attempt to resolve a disputed matter described in subsection (b)(1) through (b)(3) through:
(A) any grievance or complaint procedure prescribed by the board; or
(B) other negotiations with the board; and
(2) is dissatisfied with the board's proposed disposition of the matter;
the owner or operator may file with the commission a written request for review of the disputed matter and the board's proposed disposition of the matter to be conducted by the commission's appeals division established under IC 8-1-2-34.5(b). The owner or operator must file a request under this section with the commission and the board not later than seven (7) days after receiving notice of the board's proposed disposition of the matter. The owner or operator may not file a request under this section after December 31, 2012.
(d) The commission's appeals division shall provide an informal review of the disputed matter. The review must include a prompt and thorough investigation of the dispute. Upon request by either party, or on the division's own motion, the division shall require the parties to attend a conference on the matter at a date, time, and place determined by the division.
(e) In any case in which the basic monthly charge for a campground's sewage service is in dispute, the owner or operator shall pay, on any disputed bill issued while a review under this section is pending, the basic monthly charge billed during the year immediately preceding the year in which the first disputed bill is issued. If the basic monthly charge paid while the review is pending exceeds any monthly
charge determined by the commission in a decision issued under
subsection (f), the board shall refund or credit the excess amount paid
to the owner or operator. If the basic monthly charge paid while the
review is pending is less than any monthly charge determined by the
appeals division or commission in a decision issued under subsection
(f), the owner or operator shall pay the board the difference owed.
(f) After conducting the review required under subsection (d), the
appeals division shall issue a written decision resolving the disputed
matter. The division shall send a copy of the decision to:
(1) the owner or operator of the campground; and
(2) the board;
by United States mail. Not later than seven (7) days after receiving the
written decision of the appeals division, either party may make a
written request for the dispute to be formally docketed as a proceeding
before the commission. Subject to the right of either party to an appeal
under IC 8-1-3, the decision of the commission is final.
(g) The commission shall maintain a record of all requests for a
review made under this section. The record must include:
(1) a copy of the appeals division's and commission's decision
under subsection (f) for each dispute filed; and
(2) any other documents filed with the appeals division or
commission under this section.
The record must be made available for public inspection and copying
in the office of the commission during regular business hours under
IC 5-14-3.
(h) The right of a campground owner or operator to request a review
under this section is in addition to the right of the campground owner
or operator to file a petition under section 15 of this chapter as a
freeholder of the district.
(i) The commission may adopt rules under IC 4-22-2 to implement
this section.
(j) This section expires July 1, 2014.
(1) is connected with the sewage works of a district established for the purpose described in IC 14-33-1-1(a)(5); or
(2) uses or is served by the sewage works of a district established for the purpose described in IC 14-33-1-1(a)(5).
(b) Beginning September 1, 2009, and ending July 31, 2011, if a campground is billed for sewage service at a flat rate under section
21(a)(1) of this chapter, the campground may instead elect to be billed
for the sewage service under this subsection by installing, at the
campground's expense, a meter to measure the actual amount of sewage
discharged by the campground into the district's sewers. If a
campground elects to be billed by use of a meter:
(1) the rate charged by the district's board for the metered sewage
service may not exceed the rate charged to residential customers
for equivalent usage; and
(2) the amount charged by the board for the campground's
monthly sewage service for the period beginning September 1 and
ending May 31 must be equal to the greater of:
(A) the actual amount that would be charged for the sewage
discharged during the month by the campground as measured
by the meter; or
(B) the lowest monthly charge paid by the campground for
sewage service during the previous period beginning June 1
and ending August 31.
(c) If a campground does not install a meter under subsection (b)
and is billed for sewage service at a flat rate under section 21(a)(1) of
this chapter, for a calendar year beginning after December 31, 2009,
and ending before January 1, 2012, each campsite at the campground
may not equal more than one-third (1/3) of one (1) resident equivalent
unit. The basic monthly charge for the campground's sewage service
must be equal to the number of the campground's resident equivalent
units multiplied by the rate charged by the board for a resident unit.
(d) For calendar years beginning after December 31, 2011, a
campground is billed for sewage service at a flat rate under section
21(a)(1) of this chapter.
(d) (e) The board may impose additional charges on a campground
under subsections (b) and (c) if the board incurs additional costs that
are caused by any unique factors that apply to providing sewage service
for the campground, including, but not limited to:
(1) the installation of:
(A) oversized pipe; or
(B) any other unique equipment;
necessary to provide sewage service for the campground; and
(2) concentrations of biochemical oxygen demand (BOD) that
exceed federal pollutant standards.
IC 8-1-1-2.
(b) This section applies to an owner or operator of a campground
described in section 21.1(b) or 21.1(c) of this chapter who disputes:
(1) that the campground is being billed at rates charged to
residential customers for equivalent usage as required by section
21.1(b)(1) of this chapter;
(2) the number of resident equivalent units determined for the
campground under section 21.1(c) of this chapter; or
(3) that any additional charges imposed on the campground under
section 21.1(d) 21.1(e) of this chapter are reasonable or
nondiscriminatory.
(c) If an owner or operator:
(1) makes a good faith attempt to resolve a disputed matter
described in subsection (b)(1) through (b)(3) through:
(A) any grievance or complaint procedure prescribed by the
board; or
(B) other negotiations with the board; and
(2) is dissatisfied with the board's proposed disposition of the
matter;
the owner or operator may file with the commission a written request
for review of the disputed matter and the board's proposed disposition
of the matter to be conducted by the commission's appeals division
established under IC 8-1-2-34.5(b). The owner or operator must file a
request under this section with the commission and the board not later
than seven (7) days after receiving notice of the board's proposed
disposition of the matter. An owner or operator may not file a
request under this section after December 31, 2012.
(d) The commission's appeals division shall provide an informal
review of the disputed matter. The review must include a prompt and
thorough investigation of the dispute. Upon request by either party, or
on the division's own motion, the division shall require the parties to
attend a conference on the matter at a date, time, and place determined
by the division.
(e) In any case in which the basic monthly charge for a
campground's sewage service is in dispute, the owner or operator shall
pay, on any disputed bill issued while a review under this section is
pending, the basic monthly charge billed during the year immediately
preceding the year in which the first disputed bill is issued. If the basic
monthly charge paid while the review is pending exceeds any monthly
charge determined by the commission in a decision issued under
subsection (f), the board shall refund or credit the excess amount paid
to the owner or operator. If the basic monthly charge paid while the
review is pending is less than any monthly charge determined by the
appeals division or commission in a decision issued under subsection
(f), the owner or operator shall pay the board the difference owed.
(f) After conducting the review required under subsection (d), the
appeals division shall issue a written decision resolving the disputed
matter. The division shall send a copy of the decision to:
(1) the owner or operator of the campground; and
(2) the board;
by United States mail. Not later than seven (7) days after receiving the
written decision of the appeals division, either party may make a
written request for the dispute to be formally docketed as a proceeding
before the commission. Subject to the right of either party to an appeal
under IC 8-1-3, the decision of the commission is final.
(g) The commission shall maintain a record of all requests for a
review made under this section. The record must include:
(1) a copy of the appeals division's and commission's decision
under subsection (f) for each dispute filed; and
(2) any other documents filed with the appeals division or
commission under this section.
The record must be made available for public inspection and copying
in the office of the commission during regular business hours under
IC 5-14-3.
(h) The commission may adopt rules under IC 4-22-2 to implement
this section.
(i) This section expires July 1, 2014.
