Ind. Code § 8-1-31-5
This is the official text of Ind. Code § 8-1-31-5, part of Indiana’s Code — part of the compiled statutory law of Indiana, published by the state as "Code." Browse the sections below, each linked to its official government source.
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"Eligible infrastructure improvements"
Official statutory text
Sec. 5. As used in this chapter, "eligible infrastructure improvements" means projects that:
(1) are:
(A) new water or wastewater utility distribution or collection plant projects; or
(B) projects to relocate existing utility plant, including projects to relocate utility plant or equipment to accommodate the construction, reconstruction, or improvement of a highway, street, or road (as defined in IC 8-23-1.1-22), including projects under IC 8-25;
(2) do not increase revenues by connecting to new customers, even if the projects provide greater available capacity with respect to an eligible utility's distribution or collection plant; and
(3) either:
(A) for a public utility:
(i) are in service and used and useful; and
(ii) were not included in the public utility's rate base in its most recent general rate case; or
(B) for a municipally owned or not-for-profit utility:
(i) are or will be extensions or replacements of projects described in subdivision (1), as described in section 5.5(2)(B) or 5.5(3)(B) of this chapter, as applicable;
(ii) were not included on the utility's balance sheet as plant in service in the utility's most recent general rate case; and
(iii) are not infrastructure improvements that are being recovered or have been recovered through rates or another rate adjustment mechanism.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.6; P.L.212-2015, SEC.2; P.L.91-2017, SEC.6; P.L.61-2022, SEC.4; P.L.145-2026, SEC.30.
(1) are:
(A) new water or wastewater utility distribution or collection plant projects; or
(B) projects to relocate existing utility plant, including projects to relocate utility plant or equipment to accommodate the construction, reconstruction, or improvement of a highway, street, or road (as defined in IC 8-23-1.1-22), including projects under IC 8-25;
(2) do not increase revenues by connecting to new customers, even if the projects provide greater available capacity with respect to an eligible utility's distribution or collection plant; and
(3) either:
(A) for a public utility:
(i) are in service and used and useful; and
(ii) were not included in the public utility's rate base in its most recent general rate case; or
(B) for a municipally owned or not-for-profit utility:
(i) are or will be extensions or replacements of projects described in subdivision (1), as described in section 5.5(2)(B) or 5.5(3)(B) of this chapter, as applicable;
(ii) were not included on the utility's balance sheet as plant in service in the utility's most recent general rate case; and
(iii) are not infrastructure improvements that are being recovered or have been recovered through rates or another rate adjustment mechanism.
As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.6; P.L.212-2015, SEC.2; P.L.91-2017, SEC.6; P.L.61-2022, SEC.4; P.L.145-2026, SEC.30.
Status: in_force · Read it on the official government site
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