SB 273 Indiana Senate · 2022 Regular Session

Financing of water and wastewater utility assets.

Summary
Provides that the IURC may approve periodic tracking mechanisms for water or wastewater utilities to permit such utilities to recover the following: (1) Changes in property taxes. (2) With respect to customers located within the geographic boundaries of local units of government, incremental costs of operation and maintenance resulting from policies or ordinances that are adopted by those local units and that the IURC determines to be unusual but not necessarily unreasonable. Requires the IURC to adopt rules to define what is unreasonable with respect to road cut permits and other specifications or policies established by a local unit that imposes costs on water or wastewater utilities. Amends the statute concerning wholesale water sales between small water utilities by increasing from 5,000 to 8,000 the threshold number of customers served by a water utility (as either a purchaser or supplier) for purposes of the statute. Amends the statute governing infrastructure improvement charges for water or wastewater utilities as follows: (1) Specifies that an "eligible infrastructure improvement" includes: (A) a project to relocate existing utility plant, including projects to accommodate the construction, reconstruction, or improvement of a highway, street, or road; and (B) a project that does not increase revenues by connecting to new customers, even if the project provides greater available capacity with respect to an eligible utility's distribution or collection plant. (2) Sets forth distinctions for public utilities, municipally owned utilities, and not-for-profit utilities with respect to: (A) costs that are eligible for recovery under the statute; (B) the factors the IURC may consider in determining the amount of allowable cost recovery; and (C) the resetting of the adjustment amount after a base rate case. (3) Specifies that the limitation restricting total adjustment revenues to 10% of an eligible utility's most recently approved base revenue level does not apply with respect to property taxes associated with eligible infrastructure improvements. Amends provisions in the Indiana Code chapter concerning a utility company's acquisition of an offered water or wastewater utility, by providing that the rates charged by the acquiring utility company are not considered to increase unreasonably as a result of the acquisition if the net original cost of the acquired assets does not exceed 2% of the acquiring utility company's net original cost rate base as determined in the acquiring utility's most recent general rate case, plus any adjustments to the rate base resulting from: (1) an infrastructure improvement charge; or (2) an adjustment rider for service enhancement improvement costs; that have occurred after the rate case. Makes a similar change to the Indiana Code section concerning the sale of a municipally owned utility's nonsurplus utility property.
Bill status signed all 5 stages cleared
Introduction
Jan 2022
Committee Review
Feb 2022
Senate Passage
Feb 2022
House Passage
Feb 2022
Signed into Law
Mar 2022
Introduced Jan 10, 2022 Signed Mar 10, 2022
Floor votes · House Feb 28, 2022

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
20
Key actions
5
Committee
3
Amendments
2
Mar 10, 2022
Signed into law
Signed by the Governor
executive
Mar 1, 2022
Introduced
Returned to the Senate without amendments
lower
Feb 28, 2022
Lower · Passed
Third reading: passed; Roll Call 289: yeas 93, nays 1
lower
Feb 24, 2022
Amended
Amendment #1 (Moed) motion withdrawn
lower
Feb 22, 2022
Lower · Passed
Committee report: do pass, adopted
lower
Feb 2, 2022
Committee
Referred to the House
upper
Feb 1, 2022
Upper · Passed
Third reading: passed; Roll Call 119: yeas 48, nays 0
upper
Jan 24, 2022
Upper · Passed
Committee report: amend do pass, adopted
upper
3 primary · 1 co-sponsor

Sponsors