Indiana Code 8-1-2-4.2. Rate adjustment reflecting repeal of utility receipts tax; notice to affected customers
(1) utility receipts tax under IC 6-2.3; and
Terms Used In Indiana Code 8-1-2-4.2
- Commission: as used in this chapter , means the commission created by IC 8-1-1-2. See Indiana Code 8-1-2-1
- 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.
- 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. See Indiana Code 8-1-2-1
- Utility: as used in this chapter , means every plant or equipment within the state used for:
Indiana Code 8-1-2-1
on January 1, 2022.
(b) Not later than May 1, 2022, a utility shall file with the commission a rate adjustment that adjusts the utility’s rates and charges to reflect the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly, independent of any other matters related to the utility’s revenue requirement. A rate adjustment approved under this section shall operate on a prospective basis.
(c) A rate adjustment under this section:
(1) applies to each rate or charge in effect at the time of the filing that includes recovery of the utility receipts tax; and
(2) shall be calculated to remove the amount of the utility receipts tax that each existing rate or charge was designed to recover based on the utility receipts tax rate in effect at the time the rate or charge was approved.
(d) The commission shall approve a rate adjustment under this section if the commission finds that the rate adjustment has been calculated correctly under subsection (c)(2). If the rate adjustment under this section has not been calculated correctly under subsection (c)(2), the commission shall notify the utility of the defect and require the utility to correct the calculation.
(e) A rate adjustment under this section takes effect upon the effective date of the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022, pending approval of a utility’s filing under this section.
(f) Upon a rate adjustment taking effect under subsection (e), the utility shall provide notice to all affected customers in each of the next two (2) regular billing cycles that the adjustment in rates or charges reflects the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly. Notice provided under this subsection must include the amount of the adjustment reflected in the bill.
(g) This section shall not be construed to limit the commission’s authority to:
(1) initiate proceedings; or
(2) take actions;
to ensure just and reasonable rates in connection with the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly.
As added by P.L.138-2022, SEC.15.
Indiana Code 8-1-2.4-2. Definitions
(b) “Alternate energy production facility” means:
Terms Used In Indiana Code 8-1-2.4-2
- commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(2) any land, system, building, or improvement that is located at the project site and is necessary or convenient to the construction, completion, or operation of the facility; and
(3) the transmission or distribution facilities necessary to conduct the energy produced by the facility to users located at or near the project site.
(c) “Cogeneration facility” means:
(1) a facility that:
(A) simultaneously generates electricity and useful thermal energy; and
(B) meets the energy efficiency standards established for cogeneration facilities by the Federal Energy Regulatory Commission under 16 U.S.C. §§ 824a-3;
(2) any land, system, building, or improvement that is located at the project site and is necessary or convenient to the construction, completion, or operation of the facility; and
(3) the transmission or distribution facilities necessary to conduct the energy produced by the facility to users located at or near the project site.
(d) “Electric utility” means any public utility or municipally owned utility that owns, operates, or manages any electric plant.
(e) “Small hydro facility” means:
(1) a hydroelectric facility at a dam;
(2) any land, system, building, or improvement that is located at the project site and is necessary or convenient to the construction, completion, or operation of the facility; and
(3) the transmission or distribution facilities necessary to conduct the energy produced by the facility to users located at or near the project site.
(f) “Steam utility” means any public utility or municipally owned utility that owns, operates, or manages a steam plant.
(g) “Private generation project” means a cogeneration facility that has an electric generating capacity of eighty (80) megawatts or more and is:
(1) primarily used by its owner for the owner’s industrial, commercial, heating, or cooling purposes; or
(2) a qualifying facility for purposes of the Public Utility Regulatory Policies Act of 1978 that produces electricity and useful thermal energy that is primarily used by a single host operation for industrial, commercial, heating, or cooling purposes and is:
(A) located on the same site as the host operation; or
(B) determined by the commission to be a facility that:
(i) satisfies the requirements of this chapter;
(ii) is located on or contiguous to the property on which the host operation is sited; and
(iii) is directly integrated with the host operation.
As added by Acts 1982, P.L.72, SEC.1. Amended by P.L.23-1988, SEC.31; P.L.222-2014, SEC.2; P.L.264-2017, SEC.2.