Indiana Code
Chapter 6. Utility Service in Regulated Territories
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.

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