IURC matters., the official text

First Regular Session of the 124th General Assembly (2025)

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between statutes enacted by the 2024 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 421

   AN ACT to amend the Indiana Code concerning utilities.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 4-22-4-1, AS AMENDED BY P.L.9-2024,
SECTION 100, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) As used in this section,
"court reporter" has the meaning set forth in IC 8-1-2-1(k).

   (a) (b) Whenever a transcript is furnished to a litigant or other party
interested in any industrial accident case heard before any state
department, board, or commission, or to any petitioner, remonstrator,
intervener, or any other party in any proceeding before the utility
regulatory commission, the fee for the transcript shall be the property
of the court reporter employed by the state department, board or
commission who has prepared the transcript.

   (b) (c) A party litigant in an industrial accident case or a party in a
proceeding before the utility regulatory commission may be provided
a transcript at state expense if the party litigant or party files a verified
application for provision of a transcript and it is established in a
hearing upon the application that:

      (1) the applicant will perfect an appeal for which the transcript is
      requested;
      (2) no other person or party in the proceeding has filed a request
      for a transcript which transcript would be available to the

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      applicant; and
      (3) the applicant lacks sufficient resources, and cannot reasonably
      obtain sufficient resources, to pay for the transcript.
   (c) (d) Whenever any state department, board, or commission orders
that a transcript be provided to a person or party litigant under
subsection (b), (c), the court reporter to whom the fee is due shall
prepare a statement, under oath, of the cost of preparation of the
transcript. Upon receipt of the statement, the state department, board,
or commission shall certify the statement and present it to the state
comptroller who shall pay the cost of the transcript out of the state
general fund.
   (d) (e) Whenever any state agency is required by federal law to
provide a person or party litigant with a copy of a transcript at
reproduction cost only, the court reporter to whom the fee is due shall
prepare separate statements of the cost of production of the transcript
and the cost of reproduction of the transcript. The statement for
production of the transcript shall be presented to the state agency which
shall pay the statement out of the funds appropriated to it, and the
statement for reproduction of the transcript shall be presented to the
person or party litigant who has requested the reproduction of the
transcript.
   SECTION 2. IC 5-3-1-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. Whenever the utility regulatory
commission shall order orders a hearing in any city, town, county, or
township of the state, notice of such the hearing shall be published in
two (2) newspapers of general circulation in such city, town, county, or
township, by one (1) publication in each of such newspapers, not less
than ten (10) days prior to the day on which such hearing will be held.
accordance with IC 8-1-1-8.
   SECTION 3. IC 8-1-1-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. (a) Notwithstanding any other
statute relative to the publication of notice of hearings to be held by the
utility regulatory commission, publication of notice of hearings to be
held by the commission shall be made only in accordance with this
chapter.
   (b) Whenever the utility regulatory commission shall order orders
a hearing in any proceeding instituted by or against any public utility,
notice of the hearing shall be given by one (1) publication appearing
not less than ten (10) days prior to the date fixed for the hearing in two
(2) newspapers of general circulation published in one (1) county
wherein reside patrons or customers of the public utility who might be
affected by an order made by the commission pursuant to the hearing.

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If two (2) newspapers of general circulation are not published in the
county, then one (1) publication appearing not less than ten (10) days
prior to the date fixed for the hearing in one (1) newspaper of general
circulation published in the county shall be sufficient. If no newspaper
of general circulation is published in the county, then the commission
shall cause notice of the hearing to be given by one (1) publication
appearing not less than ten (10) days prior to the date fixed for the
hearing in two (2) newspapers of general circulation published in a
county adjoining the county wherein reside patrons or customers of the
public utility who might be affected by the order. If any newspaper of
general circulation in which the commission publishes a notice as
prescribed by this subsection does not publish a print edition at
least three (3) times a week, the commission may cause the notice
to be published in either:

      (1) the print edition; or
      (2) an electronic edition (as defined in IC 5-3-1-0.1);
of the newspaper or a locality newspaper (as defined in
IC 5-3-1-0.2) that circulates within the county.
   (c) Whenever the department of state revenue orders a hearing in
any proceeding instituted by or against a motor vehicle carrier, notice
of such hearing shall be given by one (1) publication appearing not less
than ten (10) days prior to the date fixed for such hearing in two (2)
newspapers of general circulation published in the county where such
motor vehicle carrier has its principal office or place of business. If two
(2) newspapers of general circulation are not published in such county,
then one (1) publication appearing not less than ten (10) days prior to
the date fixed for such hearing in one (1) newspaper of general
circulation published in such county shall be sufficient. If no
newspaper of general circulation is published in the county, the
department of state revenue shall cause notice of such hearing to be
given by one (1) publication appearing not less than ten (10) days prior
to the date fixed for such hearing in two (2) newspapers of general
circulation published in a county adjoining the county where such
motor vehicle carrier has its principal office or place of business. If the
motor vehicle carrier has no office or place of business in Indiana, then
such notice shall be given by one (1) publication appearing not less
than ten (10) days prior to the date fixed for the hearing in two (2)
newspapers of general circulation published in Marion County.
   (d) In addition to the published notice, the commission shall mail
notice of the hearing and notice of the filing of applications or
proceedings to persons, firms, limited liability companies, or
corporations having competitive interests involved and to the

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representatives of any city or town affected by the hearing, application,
or proceeding. Failure to mail the notices shall not be deemed to be
jurisdictional, but may be ground for rehearing.

   SECTION 4. IC 8-1-2-1, AS AMENDED BY P.L.145-2015,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Except as provided in section 1.1 of this
chapter, "public utility", as used in this chapter, means every
corporation, company, partnership, limited liability company,
individual, association of individuals, their lessees, trustees, or
receivers appointed by a court, that may own, operate, manage, or
control any plant or equipment within the state for the:

      (1) conveyance of telegraph or telephone messages;
      (2) production, transmission, delivery, or furnishing of heat, light,
      water, or power; or
      (3) collection, treatment, purification, and disposal in a sanitary
      manner of liquid and solid waste, sewage, night soil, and
      industrial waste.
The term does not include a municipality that may acquire, own, or
operate any of the foregoing facilities.
   (b) "Municipal council", as used in this chapter, means the
legislative body of any town or city in Indiana wherein the property of
the public utility or any part thereof is located.
   (c) "Municipality", as used in this chapter, means any city or town
of Indiana.
   (d) "Rate", as used in this chapter, means every individual or joint
rate, fare, toll, charge, rental, or other compensation of any utility or
any two (2) or more such individual or joint rates, fares, tolls, charges,
rentals, or other compensation of any utility or any schedule or tariff
thereof, but nothing in this subsection shall give the commission any
control, jurisdiction, or authority over the rate charged by a municipally
owned utility except as in this chapter expressly provided.
   (e) "Service" is used in this chapter in its broadest and most
inclusive sense and includes not only the use or accommodation
afforded consumers or patrons but also any product or commodity
furnished by any public or other utility and the plant, equipment,
apparatus, appliances, property, and facility employed by any public or
other utility in performing any service or in furnishing any product or
commodity and devoted to the purposes in which such public or other
utility is engaged and to the use and accommodation of the public.
   (f) "Commission", as used in this chapter, means the commission
created by IC 8-1-1-2.
   (g) "Utility", as used in this chapter, means every plant or equipment

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within the state used for:
      (1) the conveyance of telegraph and telephone messages;
      (2) the production, transmission, delivery, or furnishing of heat,
      light, water, or power, either directly or indirectly to the public;
      or
      (3) collection, treatment, purification, and disposal in a sanitary
      manner of liquid and solid waste, sewage, night soil, and
      industrial waste.

The term does not include a municipality that may acquire, own, or
operate facilities for the collection, treatment, purification, and disposal
in a sanitary manner of liquid and solid waste, sewage, night soil, and
industrial waste. A warehouse owned or operated by any person, firm,
limited liability company, or corporation engaged in the business of
operating a warehouse business for the storage of used household
goods is not a public utility within the meaning of this chapter.

   (h) "Municipally owned utility", as used in this chapter, includes
every utility owned or operated by a municipality.

   (i) "Indeterminate permit", as used in this chapter, means every
grant, directly or indirectly from the state, to any corporation, company,
partnership, limited liability company, individual, association of
individuals, their lessees, trustees, or receivers appointed by a court, of
power, right, or privilege to own, operate, manage, or control any plant
or equipment, or any part of a plant or equipment, within this state, for
the:

      (1) production, transmission, delivery, or furnishing of heat, light,
      water, or power, either directly or indirectly to or for the public;
      (2) collection, treatment, purification, and disposal in a sanitary
      manner of liquid and solid waste, sewage, night soil, and
      industrial waste; or
      (3) furnishing of facilities for the transmission of intelligence by
      electricity between points within this state;
which shall continue in force until such time as the municipality shall
exercise its right to purchase, condemn, or otherwise acquire the
property of such public utility, as provided in this chapter, or until it
shall be otherwise terminated according to law.
   (j) "Communications service provider", as used in this chapter, has
the meaning set forth in IC 8-1-2.6-13.
   (k) "Court reporter", as used in this chapter, means an
individual using:
      (1) manual or stenographic shorthand;
      (2) electronic tape recording;
      (3) digital recording; or

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      (4) another method;
as approved in the Indiana Rules of Court, to make a record of a
proceeding.

   SECTION 5. IC 8-1-2-63 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 63. Each witness who shall appear
appears before the commission or its agent by its order, shall receive
for his the witness's attendance the fees and mileage now provided for
witnesses in civil cases in courts of record which shall be audited and
paid by the state, in the same manner as other expenses are audited and
paid, upon the presentation of proper vouchers sworn to by such
witnesses and approved by the chairman of the commission. No
Witnesses subpoenaed at the instance of parties other than the
commission shall be are not entitled to compensation from the state for
attendance or travel unless the commission shall certify certifies that
his a witness's testimony was material to the matter investigated.
Provided, That However, the commission shall have power to pass
upon, approve, and limit the expenditures of a public utility in
connection with a rate case which are to be charged against the rate
base and to be amortized over a period of years as determined by the
commission; it being the intent and purpose to prevent excessive
expenditures by the utilities for expert witnesses and for legal and
stenographic transcription expenses in rate hearings and appraisals.

   SECTION 6. IC 8-1-2-65 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 65. A record shall be kept of all
proceedings had before the commission or its agent or any formal
investigation had and all testimony shall be taken down by the
stenographer court reporter appointed by the commission.

   SECTION 7. IC 8-1-2-66 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 66. A transcript copy of the
evidence and proceedings, or any specific part thereof, on any
investigation, taken by the stenographer court reporter appointed by
the commission, being certified under oath by such stenographer court
reporter to be a true and correct transcript of all the testimony on the
investigation, of a particular witness or of other specific part thereof,
carefully prepared by him the court reporter from his the court
reporter's original notes, and to be a correct statement of the evidence
and proceedings had on such investigations so purporting to be taken
and transcribed, shall be received in evidence with the same effect as
if such court reporter were present and testified to the fact so certified.

   SECTION 8. IC 8-1-3-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 8. The cost of preparing the
transcript of the record, on reasonable terms fixed by general

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administrative order of the commission, shall be paid in the first
instance upon receipt of the transcript by the person filing the written
request for the transcript, and the amount shall be stated as paid in the
certificate of the secretary which authenticates the transcript of record.
However, all costs incurred in connection with the appeal shall be
awarded and taxed as provided in other appeals of a civil nature in the
supreme court or the court of appeals. That part of the cost of the
transcript of the record which is incurred by reason of the transcription
of oral testimony by any court reporter (as defined in IC 8-1-2-1(k))
appointed by the commission shall become the property of the court
reporter (as defined in IC 8-1-2-1(k)) when paid.

   SECTION 9. IC 8-1-13.1 IS REPEALED [EFFECTIVE JULY 1,
2025]. (Alternative Energy Projects by Rural Electric Membership
Corporations).

   SECTION 10. IC 8-1-22.5-7, AS AMENDED BY P.L.118-2006,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2025 (RETROACTIVE)]: Sec. 7. (a) A person who is
engaged in transportation or owns, operates, or leases pipeline facilities
who violates any provision of this chapter or any regulations issued
pursuant to this chapter, is subject to a civil penalty not to exceed
twenty-five two hundred thousand dollars ($25,000) ($200,000) for
each violation for each day that the violation persists. However, the
maximum civil penalty may not exceed one two million dollars
($1,000,000) ($2,000,000) for any related series of violations.

   (b) The commission may, after notice and opportunity for public
hearing, impose a civil penalty not to exceed the amount specified in
subsection (a) against a person who violates this chapter or any rules
issued pursuant to this chapter, and may compromise and collect the
penalties which are payable to the state as otherwise provided by law.
However, a penalty may not be assessed or collected for any violation
for which the person has been found liable under 49 U.S.C. 60101 et
seq.

   SECTION 11. An emergency is declared for this act.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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