Sec. 101.6. (a) As used in this section, "capacity related fee" means a fee to recover the cost of capacity as new customers connect to a water or wastewater system. The term includes the following:
(1) A system development charge.
(2) An availability fee.
(3) An interceptor fee.
The term does not include any fee or charge imposed in connection with a water main extension or a wastewater main extension described in section 101.5 of this chapter.
(b) As used in this section, "contributions in aid of construction", with respect to utility infrastructure, means any amount of money, services, or property that:
(1) is received by a local unit or a utility from any person, developer, or governmental agency for the installation or extension of the utility infrastructure;
(2) is provided at no cost to the local unit or utility; and
(3) includes:
(A) fees or charges paid by any person or developer;
(B) contributions, grants, or forgivable loans from governmental agencies; and
(C) any other money or property provided at no cost to the local unit or utility.
(c) As used in this section, "local unit" means:
(1) a county; or
(2) a municipality;
that provides water service or wastewater service, or both, to the public and that is not under the jurisdiction of the commission for the approval of rates and charges with respect to the water service or wastewater service that is provided.
(d) As used in this section, "tap fee" means a fee or charge imposed by a local unit or a utility for an actual physical connection to the local unit's or the utility's utility infrastructure. The term does not include any fee or charge imposed in connection with a water main extension or a wastewater main extension described in section 101.5 of this chapter.
(e) As used in this section, "utility" means a:
(1) public utility (as defined in section 1(a) of this chapter);
(2) municipally owned utility (as defined in section 1(h) of this chapter), including a sewer utility operated under IC 36-9-23 or IC 36-9-25;
(3) not-for-profit utility (as defined in section 125(a) of this chapter);
(4) cooperatively owned corporation;
(5) conservancy district established under IC 14-33; or
(6) regional district established under IC 13-26;
that provides water service or wastewater service, or both, to the public and that is not under the jurisdiction of the commission for the approval of rates and charges with respect to the water service or wastewater service that is provided.
(f) As used in this section, "utility infrastructure" means mains, service lines, pumps, and other facilities or infrastructure used to provide water or wastewater service.
(g) A local unit or a utility may not calculate and then charge, attempt to charge, or collect any capacity related fee or tap fee that:
(1) is established after June 30, 2022; and
(2) includes contributions in aid of construction.
(h) After June 30, 2022, if a local unit or a utility calculates and then charges or attempts to charge any property owner, including a developer of the property, a capacity related fee or a tap fee either of which is established after June 30, 2022, and that is based, in whole or in part, on contributions in aid of construction, the property owner is entitled to request, not later than thirty (30) days after the date the capacity related fee or tap fee is imposed by the local unit or the utility, to meet with the local unit or the utility to review:
(1) the engineering and financial analyses the capacity related fee or tap fee was based on; and
(2) if applicable, the ordinance adopting the capacity related fee or tap fee.
A local unit or a utility shall, not later than thirty (30) days after receipt of a property owner's request under this subsection, meet with the property owner for a review described in this subsection.
(i) If a meeting and review held under subsection (h) does not result in a satisfactory resolution, the property owner may, not later than seven (7) days after the date of the meeting, file with the commission a petition challenging the capacity related fee or tap fee. If the commission determines the capacity related fee or tap fee is based in whole or in part on contributions in aid of construction, the commission shall:
(1) invalidate the capacity related fee or tap fee; or
(2) modify the capacity related fee or tap fee to comply with this section.
A property owner's right to file a petition with the commission under this subsection is in addition to any other rights or remedies the property owner may have by law or contract. The commission is not precluded from reviewing a capacity related fee or tap fee under this subsection because of a prior challenge to the capacity related fee or tap fee under another law. A party adversely affected by a determination of the commission under this subsection is entitled to appeal the determination under the same appeal procedures set forth in IC 8-1-3.
As added by P.L.167-2022, SEC.1.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1. Utilities Generally
8-1-2-0.3. Effective Date of Certain Amendments Made to Section 103 of This Chapter
8-1-2-2. Legal Counsel for Commission
8-1-2-4. Services to Public; Rates and Charges
8-1-2-4.2. Rate Adjustment Reflecting Repeal of Utility Receipts Tax; Notice to Affected Customers
8-1-2-5. Joint Use of Facilities; Failure of Parties to Agree; Resolution by Commission
8-1-2-6. Valuation of Property
8-1-2-6.7. Depreciation of Clean Coal Technology
8-1-2-7. Valuation of Property; Hearings
8-1-2-8. Valuation of Property; Expenses; Orders
8-1-2-9. Valuation of Property; Revaluation
8-1-2-11. Accounts and Accounting; Other Subsidiary Business
8-1-2-12. Books, Accounts, Papers, and Records
8-1-2-13. Forms; Conduct of Business
8-1-2-14. Books, Accounts, Papers, or Records; Approval of System
8-1-2-15. Books, Accounts, Papers, or Records; Removal From State; Directors; Residence
8-1-2-16. Accounts; Closing Date; Filing With Commission
8-1-2-17. Accounts; Examination and Audit
8-1-2-18. Books, Accounts, Papers, Records, and Memoranda; Inspection and Examination
8-1-2-19. Depreciation Account
8-1-2-20. Depreciation Account; Rules, Regulations, and Forms
8-1-2-21. Depreciation; Rates, Tolls, and Charges
8-1-2-22. Depreciation Fund; Management
8-1-2-23. Construction Accounts; Additions or Extension; Approval by Commission
8-1-2-25. Rates and Charges; Rules and Regulations Involving Changes
8-1-2-26. Financial Statements and Accounts
8-1-2-32. Standard Commercial Units of Product or Service
8-1-2-33. Standard Measurements for Units of Product or Service
8-1-2-34. Meters and Measuring Appliances; Specifications and Standards
8-1-2-34.5. Customer Service; Determination of Complaints
8-1-2-35. Meters and Measuring Appliances; Testing
8-1-2-36. Meters and Measuring Instruments; Purchase by Commission for Examinations and Tests
8-1-2-36.5. Installation of Submetering Equipment for Individual Units; Adoption of Rules
8-1-2-37. Entry on Property; Testing Meters and Measuring Instruments
8-1-2-38. Filing Schedule of Rates and Charges
8-1-2-39. Filing Schedule of Rates and Charges; Rules and Regulations to Accompany
8-1-2-40. Copies of Schedule; Public Inspection
8-1-2-41. Schedule of Joint Rates and Charges; Printing
8-1-2-42. Changes in Schedules
8-1-2-42.1. Cost Recovery; Substitute Natural Gas Contracts
8-1-2-42.3. Calculation of Relevant Period; Determination of Reduction; Exception
8-1-2-43. New Schedules; Filing
8-1-2-44. Overcharges and Undercharges
8-1-2-45. Rate Schedules; Changes in Form
8-1-2-46.1. Classification of Service; Rate for Furnishing Traction Power
8-1-2-47. Inspections; Tests; Audits and Investigations; Rules and Regulations
8-1-2-49. Inspection of Books and Records; Affiliated Interests; Jurisdiction; Annual Reports
8-1-2-50. Compelling Production of Books, Papers, and Records; Offenses
8-1-2-51. Investigations; Commission
8-1-2-52. Information; Submission to Commission
8-1-2-53. Information; Furnishing to Commission
8-1-2-54. Complaints Against Utilities; Hearing
8-1-2-54.1. Actions for Mandate to Compel Hearing or Issuance of Orders
8-1-2-55. Complaints Against Utilities; Notice to Utilities
8-1-2-56. Complaints; Notice to Public Utility and Complainant
8-1-2-57. Complaints Against Utilities; Separate Hearings
8-1-2-58. Complaints Against Utilities; Investigations
8-1-2-59. Complaints Against Utilities; Investigations; Hearing
8-1-2-60. Complaints Against Utilities; Hearings; Decision and Order
8-1-2-61.5. Rate Orders; Formal Public Hearing; Adoption of Rules
8-1-2-61.6. Small Water Utilities; Changes in Wholesale Rates; Notice to Purchaser; Rate Relief
8-1-2-61.7. Petition for Review of Rates and Charges for Wholesale Sewage Service Contracts
8-1-2-61.8. "Rental Unit Community"
8-1-2-62. Evidence; Compelling Production; Witnesses; Compelling Attendance
8-1-2-64. Witnesses; Depositions
8-1-2-65. Record of Investigations
8-1-2-66. Investigations; Transcript of Evidence; Admissibility
8-1-2-67. Investigations; Transcript of Evidence; Copy
8-1-2-68. Rates and Charges; Order Fixing
8-1-2-69. Complaints Against Utilities; Orders of Commission
8-1-2-70. Expenses of Investigations
8-1-2-71. Rate Schedules; Changes
8-1-2-72. Orders; Rescission; Modification
8-1-2-73. Burden of Proof; Proceedings Against Utilities
8-1-2-74. Investigations; Self-Incrimination
8-1-2-75. Orders of Commission; Distribution of Copies
8-1-2-77. Stock; Consideration; Discount or Premium
8-1-2-78. Stocks, Bonds, Commercial Paper, and Other Evidences of Indebtedness; Authority to Issue
8-1-2-79. Securities; Issuance; Approval; Fraud; Offense
8-1-2-82. Franchise; Sale; Transfer; Assignment or Encumbrance
8-1-2-83. Franchises; Sale; Transfer; Assignment or Encumbrance; Special Rate Contracts
8-1-2-84. Merger or Consolidation; Acquisition, Lease, Sale, or Encumbrance of Property
8-1-2-85. Municipally Owned Utilities; Securities; Fee for Issuance
8-1-2-86. Second Utility Serving Same Area; Declaration of Public Convenience and Necessity
8-1-2-87. Gas Utilities; Necessity Certificates; Requirements
8-1-2-87.7. Gas Utilities; Tariffs; Reasonableness Factors
8-1-2-88.6. Access Charges for Interconnection to Local Exchange Facilities
8-1-2-91. Grant of Licenses, Permits, or Franchises; State Corporations or Citizens
8-1-2-92. Indeterminate Licenses, Permits, or Franchises; Purchase or Condemnation by Municipality
8-1-2-93. Acceptance of Indeterminate Licenses, Permits, or Franchises; Effect
8-1-2-95.1. Electric Utilities; Eminent Domain Against Electric Utility Property Prohibited
8-1-2-101. Municipal Regulations; County Executive's Power; Relocation of Facilities
8-1-2-104. Rates and Charges; Undercharges by Furnishing Facilities to Utility Prohibited; Exception
8-1-2-105. Rates and Charges; Discrimination; Penalty; Exceptions
8-1-2-106. Rates and Charges; Undercharges by Rebates or Concessions Prohibited; Offense
8-1-2-107. Damages; Loss or Injury Caused by Violation
8-1-2-108. Officers and Employees; Violations; Municipally Owned Utilities; Annual Reports
8-1-2-109. General Penalty Provision
8-1-2-112. Continuing Acts as Separate Offenses
8-1-2-113. Emergency Alteration, Amendment, or Suspension of Rates or Services
8-1-2-114. Accidents, Investigation, and Report
8-1-2-115. Enforcement of Law; Recovery of Forfeitures or Penalties
8-1-2-116. Orders and Decisions; Compliance
8-1-2-117. Rates, Penalties, or Forfeitures; Recovery Action
8-1-2-118. Public Service Commission; Traveling Expenses and per Diem
8-1-2-121. Termination of Residential Electric or Gas Service
8-1-2-122. Notice of Termination of Service; Requisites
8-1-2-126. Electrical Power Generated Outside the United States
8-1-2-127. Customer Billing; Indication of Amount of Federal Energy Tax