Indiana Code 8-1.5-6-8. Enforcement of regulatory ordinance by municipality whose utility has filed a wholesale sewage petition
(1) a municipality adopts a regulatory ordinance after December 31, 2012; and
Terms Used In Indiana Code 8-1.5-6-8
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- municipal utility: refers to a municipally owned:
Indiana Code 8-1.5-6-1
- regulated territory: means the area outside the corporate boundaries of a municipality described in:
Indiana Code 8-1.5-6-2
- regulatory ordinance: means an ordinance adopted by a municipality that:
Indiana Code 8-1.5-6-3
- utility: means a utility that provides:
Indiana Code 8-1.5-6-4
- wholesale sewage petition: refers to a petition filed under Indiana Code 8-1.5-6-5
(b) A municipality may not enforce a regulatory ordinance until all the following conditions are satisfied:
(1) There is a final judgment on the wholesale sewage petition that concludes all administrative and judicial proceedings. For purposes of this subdivision, a final judgment includes an order of the commission under subsection (f).
(2) The commission has issued an order under subsection (f) that resolves all issues included in a petition filed under subsection (d) in a manner that the commission determines is in the public interest.
(3) The municipality has modified the regulatory ordinance to comply with the order of the commission described in subdivision (2), if necessary.
(c) A utility may file with the commission a petition alleging that the final judgment of a court on the wholesale sewage petition does not resolve all issues included in the wholesale sewage petition that are related to:
(1) the service territory of the municipality; or
(2) rates and charges for wholesale sewage service.
The commission shall assume immediate and exclusive jurisdiction over the municipal utility upon the filing of the petition for purposes of resolving the remaining issues. After notice and hearing, the commission shall issue an order within three hundred (300) days after the petition is filed resolving all issues presented in the petition in the manner that the commission determines is in the public interest. In making a determination of the public interest, the commission shall consider the factors set forth in subsection (g). The commission may combine a hearing under this subsection with a hearing under subsection (f) and issue a single order on the combined hearing.
(d) Not later than October 1, 2014, a municipal utility shall petition the commission for approval of the regulatory ordinance. The petition must include the following:
(1) A description of the service territory established in the regulatory ordinance.
(2) Proposed rates and charges for the services to be provided in the service territory.
(3) A list of any administrative or judicial proceedings involving the regulatory ordinance or the wholesale sewage petition.
(4) A list of any utilities actually or potentially affected by the regulatory ordinance.
(e) Upon the filing of a petition described in subsection (d), the commission shall do the following:
(1) Encourage all utilities listed under subsection (d)(4) to reach a mutual agreement that apportions the provision of service in the regulated territory among the utilities. A mutual agreement described in this subdivision is the preferred method of establishing service territories in a regulated territory. To take effect, a mutual agreement must be approved by the commission in an order issued under subsection (f), and the commission may approve a mutual agreement only if the commission determines that the mutual agreement is in the public interest.
(2) If the utilities are unable to reach a mutual agreement under subdivision (1), the commission shall assume immediate and exclusive jurisdiction over the municipal utility, including the wholesale sewage petition if there is no final judgment from a court on the wholesale sewage petition.
(f) Upon assuming jurisdiction under subsection (e)(2) and after notice and hearing, the commission shall issue an order resolving:
(1) all issues presented in the petition described in subsection (d), including the enforceability of the regulatory ordinance; and
(2) any applicable issues presented in the wholesale sewage petition;
in the manner that the commission determines is in the public interest. The commission shall issue the order within three hundred (300) days after the petition described in subsection (d) is filed.
(g) In making a determination under subsection (f), the commission shall consider the following:
(1) The ability of another utility to provide service in the regulated territory.
(2) The effect of a commission order on customer rates and charges for service provided in the regulated territory.
(3) The effect of the commission’s order on present and future economic development in the regulated territory.
(4) The history of utility service in the regulated territory, including any contracts for utility service entered into by the municipality that adopted the regulatory ordinance and any other municipalities, municipal utilities, or utilities.
(5) Any other factors the commission considers necessary.
As added by P.L.213-2014, SEC.7.