SB 298 — Utility infrastructure improvement charges.

Summary

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.

Bill Text

Action History

1. April 20, 2023

   Public Law 39

2. April 20, 2023

   Signed by the Governor

3. April 17, 2023

   Signed by the President of the Senate

4. April 03, 2023

   Signed by the Speaker

5. March 21, 2023

   Returned to the Senate without amendments

6. March 21, 2023

   Signed by the President Pro Tempore

7. March 20, 2023

   Third reading: passed; Roll Call 273: yeas 94, nays 0

8. March 16, 2023

   Representative Hall D added as cosponsor

9. March 16, 2023

   Second reading: ordered engrossed

10. March 14, 2023

    Committee report: do pass, adopted

11. February 28, 2023

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

12. February 15, 2023

    Referred to the House

13. February 14, 2023

    House sponsor: Representative Soliday

14. February 14, 2023

    Third reading: passed; Roll Call 115: yeas 49, nays 0

15. February 13, 2023

    Senator Charbonneau added as second author

16. February 13, 2023

    Second reading: ordered engrossed

17. February 09, 2023

    Committee report: amend do pass, adopted

18. January 12, 2023

    First reading: referred to Committee on Utilities

19. January 12, 2023

    Authored by Senator Koch

Sponsors

• David Hall · Cosponsor
• Edmond Soliday · Primary
• Ed Charbonneau · Primary
• Eric Koch · Primary

Votes

Subjects