Sec. 46. (a) The commission shall provide for a comprehensive classification of such service for each public utility and such classification may take into account the quantity used, the time when used, the purpose for which used and other reasonable consideration. Each public utility is required to conform its schedules of rates, tolls, and charges to such classification.

     (b) As used in this section, “water or wastewater utility” means:

Terms Used In Indiana Code 8-1-2-46

  • Commission: as used in this chapter , means the commission created by IC 8-1-1-2. See Indiana Code 8-1-2-1
  • Municipally owned utility: as used in this chapter , includes every utility owned or operated by a municipality. See Indiana Code 8-1-2-1
  • 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:

    Indiana Code 8-1-2-1

  • 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

(1) a public utility, as defined in section 1(a) of this chapter;

(2) a municipally owned utility, as defined in section 1(h) of this chapter; or

(3) a not-for-profit utility, as defined in section 125(a) of this chapter;

that provides water or wastewater service to the public.

     (c) Upon request by a water or wastewater utility in a general rate case, the commission may allow, but may not require, a water or wastewater utility to establish a customer assistance program that:

(1) uses state or federal infrastructure funds; or

(2) provides financial relief to residential customers who qualify for income related assistance.

A customer assistance program established under this subsection that affects rates and charges for service is not discriminatory for purposes of this chapter or any other law regulating rates and charges for service. In considering whether to approve a water or wastewater utility’s proposed customer assistance program, the commission shall determine that a customer assistance program established under this subsection furthers the interests set forth in section 0.5 of this chapter and is in the public interest.

     (d) The commission shall adopt rules under IC 4-22-2 to implement this section.

Formerly: Acts 1913, c.76, s.49. As amended by P.L.91-2017, SEC.4; P.L.233-2017, SEC.9.