Indiana 2021 Regular Session Status: Enacted Bipartisan · 4 R · 1 D cosponsors

SB 349 — Financing, transfer, and improvement of utility assets.

Last action — Signed by the President of the Senate

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 11, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    4 primary, 3 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Requires that the priority ranking system used by the Indiana finance authority in making loans or other financial assistance from: (1) the drinking water revolving loan fund; or (2) the wastewater revolving loan fund; must prioritize loans securing longer term benefits over shorter term projects, all other factors being equal. Provides that not later than 60 days after the effective date of a change in the applicable federal or state income tax rate as a result of new legislation, a water or wastewater utility shall petition the utility regulatory commission (IURC) for a water or wastewater utility surcharge that adjusts the water or wastewater utility's rates and charges to provide recovery for the change in the federal or state income tax rate. Provides that a water or wastewater utility that serves fewer than 8,000 customers may, but is not required to, file a petition for such a surcharge. Provides that a surcharge shall be calculated to reflect the difference between: (1) the amount of federal or state income taxes that each existing rate or charge of the water or wastewater utility was designed to recover based on the income tax rate in effect at the time the rate or charge was approved; and (2) the amount of federal or state income taxes that would have been embedded in the given rate or charge had the new tax rate been in effect at the time of approval. Provides that a surcharge shall not include normalization of a water or wastewater utility's accumulated deferred income taxes. Provides that the IURC shall approve a proposed surcharge if the IURC finds that: (1) the surcharge has been calculated correctly; and (2) the water or wastewater utility's proposal is just and reasonable. Provides that an approved surcharge shall operate on a prospective basis. Amends the applicability language of the statute governing the transfer, acquisition, and improvement of utilities by municipalities to specify that the statute applies to a municipally owned electric, water, wastewater, or combined water and wastewater utility.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 349 on the official Indiana source →

Action History

  1. Signed by the President of the Senate

  2. Signed by the Governor

  3. Public Law 120

  4. Signed by the Speaker

  5. Signed by the President Pro Tempore

  6. Senate concurred in House amendments; Roll Call 434: yeas 48, nays 1

  7. Motion to concur filed

  8. Returned to the Senate with amendments

  9. Third reading: passed; Roll Call 354: yeas 91, nays 5

  10. Second reading: amended, ordered engrossed

  11. Amendment #1 (Soliday) prevailed; voice vote

  12. Committee report: amend do pass, adopted

  13. First reading: referred to Committee on Utilities, Energy and Telecommunications

  14. Referred to the House

  15. Third reading: passed; Roll Call 192: yeas 39, nays 8

  16. Cosponsor: Representative Pressel

  17. House sponsor: Representative Soliday

  18. Senator Randolph added as coauthor

  19. Second reading: amended, ordered engrossed

  20. Amendment #1 (Koch) prevailed; voice vote

  21. Senator Doriot added as coauthor

  22. Senator Houchin added as third author

  23. Senator Zay added as second author

  24. Committee report: amend do pass, adopted

  25. First reading: referred to Committee on Utilities

  26. Authored by Senator Koch

Sponsors

Sponsorship breakdown

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4 sponsors · 3 co-sponsors · 143 not signed on · 5 voted No

Sponsors (4)

Co-sponsors (3)

Not signed on (143)

143 members have not signed on to this bill.

Show all 143 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 349 - Soliday - 3rd Reading

Passed 91 Yea · 5 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 44002
Democrat 19500
Unaffiliated 28002
Total 91504
% of votes cast 91%5%0%4%
How each member voted (100)
Member Party Vote
Fleming — Yea
Lehe — Yea
Austin — Yea
Frye — Yea
Leonard — Yea
Goodrich — Yea
Saunders — Yea
Schaibley — Yea
Gutwein — Yea
Lyness — Yea
Smith, V — Yea
Boy — Yea
Hatfield — Yea
Speedy — Yea
Morrison — Yea
Cherry — Yea
Jacob — Yea
Torr — Yea
Cook — Yea
Negele — Yea
Nisly — Yea
Vermilion — Yea
Eberhart — Yea
Zent — Yea
Ellington — Yea
Ziemke — Yea
Davisson — Not Voting
Mr. Speaker — Not Voting
Brown, T — Yea
Young, J — Yea
Blake Johnson Democrat Yea
Carey Hamilton Democrat Yea
Carolyn Jackson Democrat Yea
Cherrish Pryor Democrat Nay
Chris Campbell Democrat Yea
Chuck Moseley Democrat Yea
Earl Harris Democrat Yea
Edward DeLaney Democrat Yea
Gregory Porter Democrat Nay
John Bartlett Democrat Yea
Justin Moed Democrat Yea
Matt Pierce Democrat Yea
Maureen Bauer Democrat Yea
Mike Andrade Democrat Yea
Mitch Gore Democrat Yea
Philip GiaQuinta Democrat Yea
Ragen Hatcher Democrat Yea
Renee Pack Democrat Yea
Robin Shackleford Democrat Nay
Ryan Dvorak Democrat Nay
Sheila Klinker Democrat Yea
Sue Errington Democrat Yea
Tonya Pfaff Democrat Yea
Vanessa Summers Democrat Nay
Beau Baird Republican Yea
Ben Smaltz Republican Yea
Brad Barrett Republican Yea
Bruce Borders Republican Yea
Chris Jeter Republican Yea
Chris Judy Republican Yea
Chris May Republican Yea
Cindy Ledbetter Republican Yea
Craig Snow Republican Yea
Dale DeVon Republican Yea
Dave Heine Republican Yea
David Abbott Republican Yea
Doug Miller Republican Yea
Edmond Soliday Republican Yea
Edward Clere Republican Yea
Elizabeth Rowray Republican Yea
Ethan Manning Republican Yea
Gregory Steuerwald Republican Yea
Harold Slager Republican Yea
Heath VanNatter Republican Yea
J.D. Prescott Republican Yea
Jack Jordan Republican Yea
Jake Teshka Republican Yea
Jeffrey Thompson Republican Yea
Jim Lucas Republican Yea
Jim Pressel Republican Yea
Joanna King Republican Yea
Julie Olthoff Republican Yea
Karen Engleman Republican Yea
Martin Carbaugh Republican Yea
Matt Hostettler Republican Not Voting
Matt Lehman Republican Yea
Michael Karickhoff Republican Yea
Michelle Davis Republican Yea
Mike Aylesworth Republican Yea
Peggy Mayfield Republican Yea
Robert Behning Republican Not Voting
Robert Heaton Republican Yea
Robert Morris Republican Yea
Ryan Lauer Republican Yea
Shane Lindauer Republican Yea
Steve Bartels Republican Yea
Timothy O'Brien Republican Yea
Timothy Wesco Republican Yea
Wendy McNamara Republican Yea
Zach Payne Republican Yea

Official roll call →

Subjects

taxation finance environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 349 do?
Requires that the priority ranking system used by the Indiana finance authority in making loans or other financial assistance from: (1) the drinking water revolving loan fund; or (2) the wastewater revolving loan fund; must prioritize loans securing longer term benefits over shorter term projects, all other factors being equal. Provides that not later than 60 days after the effective date of a change in the applicable federal or state income tax rate as a result of new legislation, a water or wastewater utility shall petition the utility regulatory commission (IURC) for a water or wastewater utility surcharge that adjusts the water or wastewater utility's rates and charges to provide recovery for the change in the federal or state income tax rate. Provides that a water or wastewater utility that serves fewer than 8,000 customers may, but is not required to, file a petition for such a surcharge. Provides that a surcharge shall be calculated to reflect the difference between: (1) the amount of federal or state income taxes that each existing rate or charge of the water or wastewater utility was designed to recover based on the income tax rate in effect at the time the rate or charge was approved; and (2) the amount of federal or state income taxes that would have been embedded in the given rate or charge had the new tax rate been in effect at the time of approval. Provides that a surcharge shall not include normalization of a water or wastewater utility's accumulated deferred income taxes. Provides that the IURC shall approve a proposed surcharge if the IURC finds that: (1) the surcharge has been calculated correctly; and (2) the water or wastewater utility's proposal is just and reasonable. Provides that an approved surcharge shall operate on a prospective basis. Amends the applicability language of the statute governing the transfer, acquisition, and improvement of utilities by municipalities to specify that the statute applies to a municipally owned electric, water, wastewater, or combined water and wastewater utility.
Who sponsors SB 349?
SB 349 is sponsored by Eric Koch (Republican), Andy Zay, Erin Houchin, Blake Doriot (Republican), Lonnie Randolph (Democrat), Edmond Soliday (Republican), and Jim Pressel (Republican).
What is the current status of SB 349?
This bill has been enacted into law. Introduced January 11, 2021. Enacted.
Where can I track SB 349?
Track SB 349 free on One Click Politics — get push/email alerts when it moves.

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