IC 8-1-32-1 Applicability of chapter
Sec. 1. This chapter applies only to a subject area located entirely
or partially within:
(1) a city; or
(2) a county having a consolidated city. As added by P.L.94-2000, SEC.2.
IC 8-1-32-2 Applicability of definitions
Sec. 2. The definitions in IC 8-1-2-1 apply throughout this
chapter. As added by P.L.94-2000, SEC.2.
IC 8-1-32-3 "Health agency" defined
Sec. 3. As used in this chapter, "health agency" refers to either of
the following:
(1) The state department of health.
(2) A local health department (as defined in IC 16-18-2-211). As added by P.L.94-2000, SEC.2.
IC 8-1-32-4 "Project" defined
Sec. 4. As used in this chapter, "project" refers to the extension of
water utility service to a subject area. As added by P.L.94-2000, SEC.2.
IC 8-1-32-5 "Subject area" defined
Sec. 5. As used in this chapter, "subject area" refers to an area
described in section 6 of this chapter. As added by P.L.94-2000, SEC.2.
IC 8-1-32-6 Contaminants in private water wells; estimate of cost of extending
water utility service
Sec. 6. (a) Notwithstanding IC 8-1-2-103(a), if a health agency
determines that an area located within a city or within a county
having a consolidated city:
(1) is served by private water wells;
(2) suffers from a health hazard due to the presence of at least
one (1) contaminant; and
(3) incorporates at least a portion of at least one (1) census track
or block having a median household income of less than two
hundred percent (200%) of the most recently determined federal
income poverty level;
the health agency may direct the nearest public utility that is
authorized to provide water utility service within the municipality to
prepare and provide to the commission an estimate of the cost of
extending water utility service to the subject area and request the
commission to approve the project.
(b) The costs estimated under subsection (a) may include the
following:
(1) Installing the mains and connecting service lines on
properties within the subject area.
(2) Abandoning and plugging existing wells in accordance with
IC 25-39-2-14 and rules adopted under IC 25-39 on properties
within the subject area.
(3) Restoration of areas disturbed by the project.
(4) Other reasonable costs of extending water utility service to
the subject area. As added by P.L.94-2000, SEC.2.
IC 8-1-32-7 Public utility ordered to extend water utility service; rate
adjustment
Sec. 7. If the commission approves the project, the commission
shall, at the request of the health agency, direct the local public
utility to undertake and complete the project. The commission shall
enter such an order only if both of the following apply:
(1) The commission's order authorizes an increase in the local
public utility's water rates in an amount sufficient to cover the
local public utility's depreciation expense related to its
investment in the project and provide the local public utility an
after-tax return on the undepreciated portion of the project at a
rate not less than the rate of return allowed the local public
utility on its rate base in its most recent general rate order as:
(A) set out in the order; or
(B) stipulated by the local public utility and the office of the
utility consumer counselor.
(2) The rate adjustment associated with the project will not
increase the local public utility's rates by more than one percent
(1%). As added by P.L.94-2000, SEC.2.
IC 8-1-32-8 Rate adjustment in amended rate schedule
Sec. 8. A rate adjustment authorized under section 7 of this
chapter must be reflected in an amended rate schedule filed with the
commission not later than thirty (30) days after the commission
enters the order, effective upon completion of the project. As added by P.L.94-2000, SEC.2.
IC 8-1-32-9 Rate adjustment not general increase in basic rates and charges;
subject to further adjustment
Sec. 9. A rate adjustment authorized under section 7 of this
chapter:
(1) is not considered as a general increase in the local public
utility's basic rates and charges for purposes of IC 8-1-2-42(a);
and
(2) may be further adjusted by the commission to reflect actual
project costs upon petition by the local public utility or the
office of the utility consumer counselor. As added by P.L.94-2000, SEC.2.
IC 8-1-32-10 Property owners required to abandon and plug wells
Sec. 10. If the commission orders a project under this chapter, the
health agency shall require owners of properties in the subject area
to connect those properties to a project main and to abandon and plug
their existing wells in accordance with IC 25-39-2-14 and rules
adopted under IC 25-39. As added by P.L.94-2000, SEC.2.
IC 8-1-32-11 Maintenance responsibilities
Sec. 11. (a) Upon completion of a project, the local public utility
shall be responsible for operating and maintaining:
(1) the mains installed; and
(2) any portion of the connecting service lines that are located
in a public right-of-way.
(b) Upon completion of a project, each property owner shall be
responsible for maintaining, repairing, and replacing, if necessary,
the portion of the service line on the property served that is not
required to be serviced by the local public utility under subsection
(a). As added by P.L.94-2000, SEC.2.
IC 8-1-32-12 Commission's jurisdiction not reduced or superseded
Sec. 12. This chapter does not reduce or supersede the
commission's jurisdiction under IC 8-1-2-86 and IC 8-1-2-86.5. As added by P.L.94-2000, SEC.2.
IC 8-1-32-1 Applicability of chapter
Sec. 1. This chapter applies only to a subject area located entirely
or partially within:
(1) a city; or
(2) a county having a consolidated city. As added by P.L.94-2000, SEC.2.
IC 8-1-32-2 Applicability of definitions
Sec. 2. The definitions in IC 8-1-2-1 apply throughout this
chapter. As added by P.L.94-2000, SEC.2.
IC 8-1-32-3 "Health agency" defined
Sec. 3. As used in this chapter, "health agency" refers to either of
the following:
(1) The state department of health.
(2) A local health department (as defined in IC 16-18-2-211). As added by P.L.94-2000, SEC.2.
IC 8-1-32-4 "Project" defined
Sec. 4. As used in this chapter, "project" refers to the extension of
water utility service to a subject area. As added by P.L.94-2000, SEC.2.
IC 8-1-32-5 "Subject area" defined
Sec. 5. As used in this chapter, "subject area" refers to an area
described in section 6 of this chapter. As added by P.L.94-2000, SEC.2.
IC 8-1-32-6 Contaminants in private water wells; estimate of cost of extending
water utility service
Sec. 6. (a) Notwithstanding IC 8-1-2-103(a), if a health agency
determines that an area located within a city or within a county
having a consolidated city:
(1) is served by private water wells;
(2) suffers from a health hazard due to the presence of at least
one (1) contaminant; and
(3) incorporates at least a portion of at least one (1) census track
or block having a median household income of less than two
hundred percent (200%) of the most recently determined federal
income poverty level;
the health agency may direct the nearest public utility that is
authorized to provide water utility service within the municipality to
prepare and provide to the commission an estimate of the cost of
extending water utility service to the subject area and request the
commission to approve the project.
(b) The costs estimated under subsection (a) may include the
following:
(1) Installing the mains and connecting service lines on
properties within the subject area.
(2) Abandoning and plugging existing wells in accordance with
IC 25-39-2-14 and rules adopted under IC 25-39 on properties
within the subject area.
(3) Restoration of areas disturbed by the project.
(4) Other reasonable costs of extending water utility service to
the subject area. As added by P.L.94-2000, SEC.2.
IC 8-1-32-7 Public utility ordered to extend water utility service; rate
adjustment
Sec. 7. If the commission approves the project, the commission
shall, at the request of the health agency, direct the local public
utility to undertake and complete the project. The commission shall
enter such an order only if both of the following apply:
(1) The commission's order authorizes an increase in the local
public utility's water rates in an amount sufficient to cover the
local public utility's depreciation expense related to its
investment in the project and provide the local public utility an
after-tax return on the undepreciated portion of the project at a
rate not less than the rate of return allowed the local public
utility on its rate base in its most recent general rate order as:
(A) set out in the order; or
(B) stipulated by the local public utility and the office of the
utility consumer counselor.
(2) The rate adjustment associated with the project will not
increase the local public utility's rates by more than one percent
(1%). As added by P.L.94-2000, SEC.2.
IC 8-1-32-8 Rate adjustment in amended rate schedule
Sec. 8. A rate adjustment authorized under section 7 of this
chapter must be reflected in an amended rate schedule filed with the
commission not later than thirty (30) days after the commission
enters the order, effective upon completion of the project. As added by P.L.94-2000, SEC.2.
IC 8-1-32-9 Rate adjustment not general increase in basic rates and charges;
subject to further adjustment
Sec. 9. A rate adjustment authorized under section 7 of this
chapter:
(1) is not considered as a general increase in the local public
utility's basic rates and charges for purposes of IC 8-1-2-42(a);
and
(2) may be further adjusted by the commission to reflect actual
project costs upon petition by the local public utility or the
office of the utility consumer counselor. As added by P.L.94-2000, SEC.2.
IC 8-1-32-10 Property owners required to abandon and plug wells
Sec. 10. If the commission orders a project under this chapter, the
health agency shall require owners of properties in the subject area
to connect those properties to a project main and to abandon and plug
their existing wells in accordance with IC 25-39-2-14 and rules
adopted under IC 25-39. As added by P.L.94-2000, SEC.2.
IC 8-1-32-11 Maintenance responsibilities
Sec. 11. (a) Upon completion of a project, the local public utility
shall be responsible for operating and maintaining:
(1) the mains installed; and
(2) any portion of the connecting service lines that are located
in a public right-of-way.
(b) Upon completion of a project, each property owner shall be
responsible for maintaining, repairing, and replacing, if necessary,
the portion of the service line on the property served that is not
required to be serviced by the local public utility under subsection
(a). As added by P.L.94-2000, SEC.2.
IC 8-1-32-12 Commission's jurisdiction not reduced or superseded
Sec. 12. This chapter does not reduce or supersede the
commission's jurisdiction under IC 8-1-2-86 and IC 8-1-2-86.5. As added by P.L.94-2000, SEC.2.
IC 8-1-32-1 Applicability of chapter
Sec. 1. This chapter applies only to a subject area located entirely
or partially within:
(1) a city; or
(2) a county having a consolidated city. As added by P.L.94-2000, SEC.2.
IC 8-1-32-2 Applicability of definitions
Sec. 2. The definitions in IC 8-1-2-1 apply throughout this
chapter. As added by P.L.94-2000, SEC.2.
IC 8-1-32-3 "Health agency" defined
Sec. 3. As used in this chapter, "health agency" refers to either of
the following:
(1) The state department of health.
(2) A local health department (as defined in IC 16-18-2-211). As added by P.L.94-2000, SEC.2.
IC 8-1-32-4 "Project" defined
Sec. 4. As used in this chapter, "project" refers to the extension of
water utility service to a subject area. As added by P.L.94-2000, SEC.2.
IC 8-1-32-5 "Subject area" defined
Sec. 5. As used in this chapter, "subject area" refers to an area
described in section 6 of this chapter. As added by P.L.94-2000, SEC.2.
IC 8-1-32-6 Contaminants in private water wells; estimate of cost of extending
water utility service
Sec. 6. (a) Notwithstanding IC 8-1-2-103(a), if a health agency
determines that an area located within a city or within a county
having a consolidated city:
(1) is served by private water wells;
(2) suffers from a health hazard due to the presence of at least
one (1) contaminant; and
(3) incorporates at least a portion of at least one (1) census track
or block having a median household income of less than two
hundred percent (200%) of the most recently determined federal
income poverty level;
the health agency may direct the nearest public utility that is
authorized to provide water utility service within the municipality to
prepare and provide to the commission an estimate of the cost of
extending water utility service to the subject area and request the
commission to approve the project.
(b) The costs estimated under subsection (a) may include the
following:
(1) Installing the mains and connecting service lines on
properties within the subject area.
(2) Abandoning and plugging existing wells in accordance with
IC 25-39-2-14 and rules adopted under IC 25-39 on properties
within the subject area.
(3) Restoration of areas disturbed by the project.
(4) Other reasonable costs of extending water utility service to
the subject area. As added by P.L.94-2000, SEC.2.
IC 8-1-32-7 Public utility ordered to extend water utility service; rate
adjustment
Sec. 7. If the commission approves the project, the commission
shall, at the request of the health agency, direct the local public
utility to undertake and complete the project. The commission shall
enter such an order only if both of the following apply:
(1) The commission's order authorizes an increase in the local
public utility's water rates in an amount sufficient to cover the
local public utility's depreciation expense related to its
investment in the project and provide the local public utility an
after-tax return on the undepreciated portion of the project at a
rate not less than the rate of return allowed the local public
utility on its rate base in its most recent general rate order as:
(A) set out in the order; or
(B) stipulated by the local public utility and the office of the
utility consumer counselor.
(2) The rate adjustment associated with the project will not
increase the local public utility's rates by more than one percent
(1%). As added by P.L.94-2000, SEC.2.
IC 8-1-32-8 Rate adjustment in amended rate schedule
Sec. 8. A rate adjustment authorized under section 7 of this
chapter must be reflected in an amended rate schedule filed with the
commission not later than thirty (30) days after the commission
enters the order, effective upon completion of the project. As added by P.L.94-2000, SEC.2.
IC 8-1-32-9 Rate adjustment not general increase in basic rates and charges;
subject to further adjustment
Sec. 9. A rate adjustment authorized under section 7 of this
chapter:
(1) is not considered as a general increase in the local public
utility's basic rates and charges for purposes of IC 8-1-2-42(a);
and
(2) may be further adjusted by the commission to reflect actual
project costs upon petition by the local public utility or the
office of the utility consumer counselor. As added by P.L.94-2000, SEC.2.
IC 8-1-32-10 Property owners required to abandon and plug wells
Sec. 10. If the commission orders a project under this chapter, the
health agency shall require owners of properties in the subject area
to connect those properties to a project main and to abandon and plug
their existing wells in accordance with IC 25-39-2-14 and rules
adopted under IC 25-39. As added by P.L.94-2000, SEC.2.
IC 8-1-32-11 Maintenance responsibilities
Sec. 11. (a) Upon completion of a project, the local public utility
shall be responsible for operating and maintaining:
(1) the mains installed; and
(2) any portion of the connecting service lines that are located
in a public right-of-way.
(b) Upon completion of a project, each property owner shall be
responsible for maintaining, repairing, and replacing, if necessary,
the portion of the service line on the property served that is not
required to be serviced by the local public utility under subsection
(a). As added by P.L.94-2000, SEC.2.
IC 8-1-32-12 Commission's jurisdiction not reduced or superseded
Sec. 12. This chapter does not reduce or supersede the
commission's jurisdiction under IC 8-1-2-86 and IC 8-1-2-86.5. As added by P.L.94-2000, SEC.2.
