Section 8-1-31-5 - "Eligible infrastructure improvements"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 8-23-1-23), 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.Amended by P.L. 61-2022,SEC. 4, eff. 7/1/2022.Amended by P.L. 91-2017,SEC. 6, eff. 7/1/2017.Amended by P.L. 212-2015, SEC. 2, eff. 7/1/2015.Amended by P.L. 209-2014, SEC. 6, eff. 7/1/2014.As added by P.L. 94-2000, SEC.1.