Ind. Code ch. 8-1.5-6

Ind. Code ch. 8-1.5-6
in effect

Ind. Code § 8-1.5-6-1 "Municipal utility"

Sec. 1. As used in this chapter, "municipal utility" refers to a municipally owned: (1) water utility; (2) wastewater utility; or (3) combined water and wastewater utility; regardless of whether the municipal utility is under the jurisdiction of the commission for the approval of rates and charges. As added by P.L.213-2014, SEC.7.

Ind. Code § 8-1.5-6-2 "Regulated territory"

Sec. 2. As used in this chapter, "regulated territory" means the area outside the corporate boundaries of a municipality described in: (1) IC 36-9-2-18; or (2) IC 36-9-23-36. As added by P.L.213-2014, SEC.7. Amended by P.L.277-2019, SEC.1.

Ind. Code § 8-1.5-6-3 "Regulatory ordinance"

Sec. 3. As used in this chapter, "regulatory ordinance" means an ordinance adopted by a municipality that: (1) asserts the exclusive authority of a municipal utility to provide service within a regulated territory; or (2) prohibits another utility from providing utility service in the regulated territory. As added by P.L.213-2014, SEC.7.

Ind. Code § 8-1.5-6-4 "Utility"

Sec. 4. As used in this chapter, "utility" means a utility that provides: (1) water service; (2) wastewater service; or (3) combined water and wastewater service; regardless of whether the utility is under the jurisdiction of the commission for the approval of rates and charges. The term includes a municipal utility. As added by P.L.213-2014, SEC.7.

Ind. Code § 8-1.5-6-5 "Wholesale sewage petition"

Sec. 5. As used in this chapter, "wholesale sewage petition" refers to a petition filed under IC 8-1-2-61.7 for review of rates and charges for wholesale sewage service. As added by P.L.213-2014, SEC.7.

Ind. Code § 8-1.5-6-6 Jurisdiction of commission

Sec. 6. Notwithstanding any other provision in this title or IC 36, the offering or provision of service by a utility in a regulated territory is under the jurisdiction of the commission as set forth in sections 7, 8, 9, and 10 of this chapter. As added by P.L.213-2014, SEC.7.

Ind. Code § 8-1.5-6-7 Resolution of service dispute

Sec. 7. (a) This section applies if: (1) a municipality adopts a regulatory ordinance before January 1, 2013; (2) a dispute arises or exists between a utility owned by the municipality and another utility as to which utility provides service to customers that connected to service provided by one (1) of the utilities: (A) after the date on which the regulatory ordinance was adopted; and (B) before March 15, 2014; and (3) the utilities are unable to resolve a dispute described in subdivision (2) through mutual agreement. (b) Not later than October 1, 2014, a utility shall petition the commission for resolution of the dispute. The petition must be in the form and manner prescribed by the commission. Upon the filing of the petition, the commission shall assume immediate and exclusive jurisdiction over the utilities for purposes of resolving the dispute. (c) Upon assuming jurisdiction under subsection (b) and after notice and hearing, the commission shall issue an order resolving all issues presented in the petition described in subsection (b), including determining the manner in which the utilities shall provide service to the customers that are the subject of the dispute, in the manner that the commission determines is in the public interest. In making the determination, the commission shall consider the criteria 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. As added by P.L.213-2014, SEC.7.

Ind. Code § 8-1.5-6-8 Enforcement of regulatory ordinance by municipality whose utility has filed a wholesale sewage petition

Sec. 8. (a) This section applies if: (1) a municipality adopts a regulatory ordinance after December 31, 2012; and (2) a utility owned by the municipality files a wholesale sewage petition. (b) A municipality may not enforce a regulatory ordinance until all the following conditions are satisfied: (1) There is a final judgment on the wholesale sewage petition that concludes all administrative and judicial proceedings. For purposes of this subdivision, a final judgment includes an order of the commission under subsection (f). (2) The commission has issued an order under subsection (f) that resolves all issues included in a petition filed under subsection (d) in a manner that the commission determines is in the public interest. (3) The municipality has modified the regulatory ordinance to comply with the order of the commission described in subdivision (2), if necessary. (c) A utility may file with the commission a petition alleging that the final judgment of a court on the wholesale sewage petition does not resolve all issues included in the wholesale sewage petition that are related to: (1) the service territory of the municipality; or (2) rates and charges for wholesale sewage service. The commission shall assume immediate and exclusive jurisdiction over the municipal utility upon the filing of the petition for purposes of resolving the remaining issues. After notice and hearing, the commission shall issue an order within three hundred (300) days after the petition is filed resolving all issues presented in the petition 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 subsection (g). The commission may combine a hearing under this subsection with a hearing under subsection (f) and issue a single order on the combined hearing. (d) Not later than October 1, 2014, a municipal utility 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 or the wholesale sewage petition. (4) A list of any utilities actually or potentially affected by the regulatory ordinance. (e) Upon the filing of a petition described in subsection (d), the commission shall do the following: (1) Encourage all utilities listed under subsection (d)(4) to reach a mutual agreement that apportions the provision of service in the regulated territory among the utilities. A mutual agreement described in this subdivision is the preferred method of establishing service territories in a regulated territory. To take effect, a mutual agreement must be approved by the commission in an order issued under subsection (f), and the commission may approve a mutual agreement only if the commission determines that the mutual agreement is in the public interest. (2) If the utilities are unable to reach a mutual agreement under subdivision (1), the commission shall assume immediate and exclusive jurisdiction over the municipal utility, including the wholesale sewage petition if there is no final judgment from a court on the wholesale sewage petition. (f) Upon assuming jurisdiction under subsection (e)(2) and after notice and hearing, the commission shall issue an order resolving: (1) all issues presented in the petition described in subsection (d), including the enforceability of the regulatory ordinance; and (2) any applicable issues presented in the wholesale sewage petition; in the manner that the commission determines is in the public interest. The commission shall issue the order within three hundred (300) days after the petition described in subsection (d) is filed. (g) In making a determination under subsection (f), the commission shall consider the following: (1) The ability of another utility to provide service in the regulated territory. (2) The effect of a commission order on customer rates and charges for service provided in the regulated territory. (3) The effect of the commission's order on present and future economic development in the regulated territory. (4) The history of utility service in the regulated territory, including any contracts for utility service entered into by the municipality that adopted the regulatory ordinance and any other municipalities, municipal utilities, or utilities. (5) Any other factors the commission considers necessary. As added by P.L.213-2014, SEC.7.

Ind. Code § 8-1.5-6-9 Enforcement of regulatory ordinance in absence of wholesale sewage petition

Sec. 9. (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. As added by P.L.213-2014, SEC.7.

Ind. Code § 8-1.5-6-10 Service disputes between utilities in regulated territories

Sec. 10. (a) This section applies to a dispute, other than a dispute described in section 7, 8, or 9 of this chapter, that: (1) arises between two (2) or more utilities as to which utility will provide utility service in a regulated territory; and (2) is not the subject of an action initially filed in a court before January 1, 2014. A dispute shall be resolved by the commission under this section. (b) A proceeding under this section may be initiated: (1) by a utility that is a party to a dispute described in subsection (a); or (2) by the commission on its own initiative. (c) Throughout a proceeding under this section, the commission shall, where feasible, promote the resolution of the dispute described in subsection (a) through a mutual agreement between the utilities that apportions the provision of utility service in the regulated territory. A mutual agreement described in this subsection is the preferred way of resolving a dispute described in subsection (a). However, to resolve the dispute, a mutual agreement must be approved by the commission in an order issued under subsection (e), and the commission may approve a mutual agreement only if the commission determines that the mutual agreement is in the public interest. (d) If the utilities are unable to reach a mutual agreement under subsection (c), the commission shall determine the manner in which utilities shall provide service in the regulated territory. In making the determination, the commission shall consider the criteria set forth in section 8(g) of this chapter. (e) After notice and hearing, the commission shall issue an order: (1) approving a mutual agreement under subsection (c); or (2) making a final determination under subsection (d). As added by P.L.213-2014, SEC.7.

Ind. Code § 8-1.5-6-11 Expansion of service territory after adoption of regulatory ordinance

Sec. 11. This section applies to a municipality that: (1) after December 31, 2012, adopts a regulatory ordinance that establishes a service territory that is smaller than the regulated territory; and (2) either: (A) amends the ordinance described in subdivision (1); or (B) adopts a new ordinance; to establish a service territory that is larger than the service territory described in subdivision (1). Before an ordinance described in subdivision (2) may take effect, the municipality shall submit the ordinance to the commission for approval under section 9 of this chapter. As added by P.L.213-2014, SEC.7. Amended by P.L.5-2015, SEC.23.

Ind. Code § 8-1.5-6-12 Order of commission is final order

Sec. 12. An order issued by the commission under this chapter is a final order for purposes of IC 8-1-3 and is enforceable in court. As added by P.L.213-2014, SEC.7.

Ind. Code § 8-1.5-6-13 Petition not subject to certain requirements

Sec. 13. A petition filed under this chapter is not subject to the following: (1) IC 8-1.5-3. (2) IC 36-9-23. (3) IC 36-9-25. As added by P.L.213-2014, SEC.7.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/8Fetched: 10/17/2026