Section 8-1-2-101.5 - Compliance by municipal water or wastewater utility with Indiana utility regulatory commission rules regarding main extensions; dispute resolution(a) This section applies to: (1) a water main extension;(2) a wastewater main extension; or(3) an agreement that: (A) is for a water main extension or a wastewater main extension; and(B) is entered into after June 30, 2020, by a utility and the person requesting the extension.(b) As used in this section, "utility" means a municipally owned utility (as defined in IC 8-1-2-1(h)) that provides water service or wastewater service, or both, to the public.(c) With respect to any water main extension or wastewater main extension, a utility shall comply with the commission's rules governing water main extensions or wastewater main extensions, as applicable, including:(1) 170 IAC 6-1.5, in the case of a water main extension; or(2) 170 IAC 8.5-4, in the case of a wastewater main extension; as may be amended by the commission, regardless of whether the utility is subject to the jurisdiction of the commission for the approval of rates and charges. However, a utility is not required to comply with any provisions in the commission's main extension rules that require reporting to the commission.
(d) Disputes arising under this section may be submitted as informal complaints to the commission's consumer affairs division, in accordance with IC 8-1-2-34.5(b) and the commission's rules under 170 IAC 16, including provisions for referrals and appeals to the full commission, regardless of whether the person requesting the extension is a customer of the utility.(e) The commission shall adopt by: (2) rule under IC 4-22-2; other procedures not inconsistent with this section that the commission determines to be reasonable or necessary to administer this section.
(f) If the commission determines that it requires additional staff to handle the volume of informal complaints submitted under this section, the commission may impose a fee under this section. Any fee charged by the commission under this section may:(1) not exceed: (A) the commission's actual costs in administering this section; or(B) seven hundred fifty dollars ($750); whichever is less; and
(2) be assessed against the party against whom a decision is rendered under this section.Amended by P.L. 93-2024,SEC. 64, eff. 7/1/2024.Added by P.L. 160-2020,SEC. 4, eff. 3/21/2020.