SB 426 Indiana Senate · 2025 Regular Session

Water utilities.

Summary
Includes water utilities within the scope of the statute that subjects wastewater utilities that: (1) are not under the jurisdiction of the Indiana utility regulatory commission (IURC) for the approval of rates and charges; and (2) have been issued one or more enforcement orders by the department of environmental management; to a series of oversight actions by the IURC for each additional enforcement order, including rate review, rate regulation, and the initiation of a receivership proceeding. Makes a conforming amendment to the statute that governs the process by which water utilities and wastewater utilities may withdraw from the jurisdiction of the IURC. Amends the statute governing the acquisition of water utilities and wastewater utilities to require the IURC to consider and authorize mechanisms to allow utility companies to integrate into their systems, invest in, and earn on acquired utility assets, subject to a finding by the IURC that the proposed mechanism is just and reasonable and in the public interest. Amends the statute governing the recovery of costs for eligible infrastructure improvements made by water or wastewater utilities to provide that, in the case of a public utility (as defined in the Indiana Code), "infrastructure improvement costs" eligible for recovery include: (1) deferred depreciation expense; and (2) post in service carrying costs; for the eligible infrastructure improvements. Adds language to the Indiana Code chapter governing public water supplies to provide that a complaint: (1) seeking damages from a water utility; and (2) arising out of an alleged exposure to drinking water supplied by the water utility; is barred if the water supplied by the water utility met applicable regulatory standards under specified federal and state law. Amends the Indiana Code section prohibiting the department of natural resources (department) from regulating certain activities within the 100 year flood level of a water supply reservoir owned and operated by a municipality or a public utility for the purpose of providing water utility service to the public to also prohibit the department from ordering the closure or removal, or the partial closure or removal, of: (1) a dam that forms such a water supply reservoir; or (2) a dam that forms or contains a body of water that is used to supply one or more private water wells; if the closure or removal, or the partial closure or removal, of the dam would impact the provision of water utility service to the public or the supply of water to one or more private water wells.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
Senate Passage
Mar 2025
House Passage
Mar 2025
Signed into Law
Apr 2025
Introduced Jan 13, 2025 Signed Apr 3, 2025
Maddy AI version diff · 3 comparisons

What changed between versions

Enrolled Senate Bill (S) Senate Bill (S) · 4 edits
MODERATE
This bill reorganizes the legislative document from an enrolled version to a standard senate bill format while preserving the core policy content. The substantive policy provisions regarding water utility oversight remain unchanged, including enforcement triggers, rate review procedures, and jurisdictional requirements.
TECHNICAL

Removed enrolled act header and printing code explanatory text that was present in the enrolled version

Added standard senate bill header, digest information, and committee referral history

Reorganized document structure to match standard senate bill format rather than enrolled act format

POLICY

Core policy provisions regarding water utility oversight, enforcement orders, and rate regulation remain substantively identical

Floor votes · Senate Feb 11, 2025 · House Mar 20, 2025

How they voted

463
Passed · 1 other
Total votes 50
Feb 11, 2025
D Democratic10
9 Yea 1 Nay
90% Yea
R Republican40
37 Yea 2 Nay 1
92% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
23
Key actions
9
Committee
2
Amendments
1
Apr 3, 2025
Signed into law
Signed by the Governor
executive
Mar 27, 2025
Upper · Passed
Signed by the President of the Senate
upper
Mar 24, 2025
Upper · Passed
Signed by the President Pro Tempore
upper
Mar 24, 2025
Lower · Passed
Signed by the Speaker
lower
Mar 20, 2025
Lower · Passed
Third reading: passed; Roll Call 292: yeas 76, nays 15
lower
Mar 13, 2025
Lower · Passed
Committee report: do pass, adopted
lower
Feb 11, 2025
Upper · Passed
Third reading: passed; Roll Call 108: yeas 46, nays 3
upper
Feb 10, 2025
Upper · Passed
Amendment #1 (Koch) prevailed; voice vote
upper
Feb 6, 2025
Upper · Passed
Committee report: amend do pass, adopted
upper
4 primary · 4 co-sponsors

Sponsors