Indiana Code
Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets
8-1-40.5-17. Effect of Securitization Bonds on Tax Liability; Liability of Successor for Securitization Bonds, Charges, and Property; Assignee or Financing Party Not Considered an Electric Utility

Sec. 17. (a) The acquisition, ownership, and disposition of any direct interest in any securitization bond shall not be taken into account in determining whether a person is subject to any income tax, franchise tax, business activities tax, intangible property tax, excise tax, stamp tax, or any other tax imposed by the state or by any political subdivision of the state.
(b) Any successor to an electric utility, whether that person becomes a successor as a result of any:
(1) bankruptcy, reorganization, or other insolvency proceeding; or
(2) merger, acquisition, sale, or transfer;
shall, by operation of law, perform and satisfy all obligations of the electric utility under this chapter in the same manner and to the same extent as the electric utility would have been obligated to perform and satisfy before the event described in subdivision (1) or (2), including collecting and paying revenues arising with respect to the securitization property to persons entitled to those revenues.
(c) An assignee or financing party is not considered to be an electric utility solely by virtue of any transactions described in this chapter.
As added by P.L.80-2021, SEC.1.

Structure Indiana Code

Indiana Code

Title 8. Utilities and Transportation

Article 1. Utilities Generally

Chapter 40.5. Pilot Program for Cost Securitization for Retired Electric Utility Assets

8-1-40.5-1. "Assignee"

8-1-40.5-2. "Commission"

8-1-40.5-3. "Electric Utility"

8-1-40.5-4. "Financing Order"

8-1-40.5-5. "Financing Party"

8-1-40.5-6. "Qualified Costs"

8-1-40.5-7. "Securitization Bonds"

8-1-40.5-8. "Securitization Charges"

8-1-40.5-9. "Securitization Property"

8-1-40.5-10. Financing Orders: Petition; Findings Required for Issuance; Scope and Effect; Allocation of Qualified Costs Among Customer Classes; Securitization Bond Provisions

8-1-40.5-11. Securitization Property

8-1-40.5-12. Interests in Securitization Property and Charges; Securitization Charges Nonbypassable; Review and Adjustment of Securitization Charges; Recovery of Incremental Costs

8-1-40.5-13. Scope of Indiana Utility Regulatory Commission Powers and Duties With Respect to Securitization; Effect of Securitization on Electric Utility Ratemaking and Financing

8-1-40.5-14. Transfer of Securitization Property

8-1-40.5-15. Lien on and Security Interest in Securitization Property

8-1-40.5-16. Securitization Bonds Not Debt, Obligation, or Charge on Credit or Taxing Power of State; State Covenant With Respect to Securitization Bonds

8-1-40.5-17. Effect of Securitization Bonds on Tax Liability; Liability of Successor for Securitization Bonds, Charges, and Property; Assignee or Financing Party Not Considered an Electric Utility

8-1-40.5-18. Severability

8-1-40.5-19. Adoption of Rules by Indiana Utility Regulatory Commission