Indiana Section American Water Works Association

Senate Bills:  0072   0074   0076   0094   0109   0234   0312   0314   0346   0369  0392
House Bills:   1010   1018   1045   1076   1094   1102   1117   1194   1364 

Senate Bill 0072

Synopsis: IURC proceedings. Permits the utility regulatory commission (IURC) to deliberate in executive session on a proposed IURC order under certain circumstances.

First reading: referred to Committee on Homeland Security, Utilities and Public Safety.

Senate Bill 0074

Synopsis:Acquisition of utility property. Provides that a municipality or a municipally owned utility may not purchase the property of a utility company that provides water or sewer service (including a regional sewer and water district) unless the utility regulatory commission (IURC): (1) finds that the utility company has continued violations of the IURC's orders or the law regulating the utility company after the IURC has ordered compliance; or (2) finds after a review that the utility company has severe deficiencies that the utility company has failed to remedy. Specifies that the statute prescribing the procedures for such findings by the IURC exclusively governs the acquisition of a water or sewer utility. Provides that if a municipality or a municipally owned utility has initiated proceedings under another statute before the effective date of this statute, the utility to be acquired may seek injunctive relief. Provides that a municipality or a public utility may not acquire any of the property of a rural electric membership corporation (REMC) without the consent of the REMC. Provides that, after a municipally owned utility withdraws from the IURC's jurisdiction, the IURC continues to have jurisdiction over the utility's rates and charges that are charged to customers located outside the municipality's boundaries. Requires the office of utility consumer counselor to represent such customers in rate cases.

First reading: referred to Committee on Homeland Security, Utilities, and Public Policy.

Will probably be heard before deadline.

Senate Bill 0076

Synopsis: Storm water fees. Provides that the special taxing district for a local unit's storm water system does not include property that: (1) does not discharge storm water into the unit's system; or (2) is served by another storm water system not owned or operated by the unit. Provides that after June 30, 2006, the unit's storm water board may not: (1) charge user fees; or (2) levy a special benefits tax; with respect to any property not served by the system. Requires the board to adopt a new fee schedule that eliminates the user fees charged to property not served by the system. Requires that the fees charged to remaining customers must be sufficient to: (1) meet the minimum amount required by law to operate the storm water system; and (2) pay any outstanding bonds or obligations of the system. Provides that if the new fee schedule will not result in an increase in the user fees charged to the system's remaining customers, the new fee schedule may be adopted by the board without a hearing and without the approval of the unit's fiscal body.

First reading: referred to Committee on Governmental Affairs and Interstate Cooperation.

Will probably be heard before deadline.

Senate Bill 0094
Introduced by Senator Kenley

Synopsis: Lakes management work group. Establishes the lake management work group to study issues concerning public freshwater lakes.

First reading: referred to Committee on Natural Resources.

Senate Bill 0109

Synopsis: Discharge of leachate into waters. Prohibits a person, other than a wastewater treatment plant that treats leachate to meet water quality standards, from discharging leachate into waters.

First reading: referred to Committee on Energy and Environmental Affairs

Will not be heard.

Senate Bill 0234

Synopsis: Environmental rules and enforcement. Establishes requirements in environmental rulemaking for disclosure of the availability of technical assistance programs and the identity of and contact information for the department of environmental management's ombudsmen and small business regulatory coordinator. States certain notice requirements for environmental rulemaking in terms of state restrictions or requirements: (1) that are more stringent than federal restrictions or requirements; or (2) that apply in a subject area where federal law does not impose restrictions or requirements. Provides for the establishment of environmental performance based programs and authorizes the adoption of rules to implement the programs. Establishes a special procedure for the water pollution control board to adopt rules to establish new water quality standards for certain communities served by combined sewers.

First reading: referred to Committee on Energy and Environmental Affairs.

Passed committee 1/18.

Senate Bill 0312

Synopsis: Environmental crimes study committee. Establishes the environmental crimes interim study committee to develop legislation designed to improve the enforcement of environmental violations by replacing the general penalty structure for environmental violations under current law with a more specific set of penalties. Requires the study committee to operate under the rules of the legislative council and to be staffed by the legislative services agency.

First reading: referred to Committee on Rules and Legislative Procedure.

Senate Bill 0314

Synopsis: Soil and water conservation districts. Establishes water quality protection as a legislative policy. Makes changes to the membership of the soil conservation board (board) and the advisory members. Requires the board to conduct a conservation needs inventory and hold meetings throughout the state. Allows a waiver of the ten acres of land requirement to be waived for elected soil and water conservation district supervisors. Removes the requirement that the nominees for elected supervisors must exceed the vacancies. Allows the board to appoint associate supervisors for soil and water conservation districts. Adds information that must be included in annual reports. Requires the department of agriculture to implement a geographic information system for each county. Allows the clean water Indiana program to provide financial assistance to soil and water conservation districts. Makes technical corrections.

Authored by Senator(s) Nugent.

Senate Bill 0346

Synopsis: PERF COLA and 13th check. Provides for a 2% cost of living adjustment for a retired member of the public employees' retirement fund (PERF) (or a survivor or beneficiary of a member). Provides for a thirteenth check based on the complete years of service credited to a member at retirement.

First reading: referred to Committee on Appropriations.

Being heard 1/19.

Senate Bill 0369

Synopsis: Drought planning. Creates the water shortage task force to develop and implement an updated water shortage plan.

First reading: referred to Committee on Energy and Environmental Affairs.

Being heard 1/23.

Senate Bill 0392

Synopsis: Growth related projects and land conservation. Prohibits various state agencies from funding growth related projects in certain areas. Requires the department of local government finance to give priority to school construction projects that: (1) renovate or expand existing school buildings; (2) are located in existing neighborhoods; (3) do not contribute to the conversion of farm lands; and (4) do not require new water or sewer infrastructure. Provides a tax credit for job creation in certain municipal areas. Establishes the Hoosier legacy fund to fund eligible projects under the United States Department of Agriculture's farmland preservation and forest legacy programs. Authorizes the land resources council to identify priority funding areas and perform certain other tasks. Makes a technical correction.

First reading: referred to Committee on Tax and Fiscal Policy.

Likely dead.

House Bill 1010

Synopsis: Eminent domain. Requires a condemnor, before proceeding to acquire property by use of eminent domain, to: (1) conduct a good faith negotiation with the owner of the property; (2) establish a proposed purchase price; and (3) provide the owner with an appraisal or other evidence used to establish the proposed purchase price. Requires a condemnor, except the department of transportation (department) and certain other persons, to proceed to acquire the property by use of eminent domain not more than two years after the condemnor submits a written acquisition offer to the owner of the property. Requires the department and certain other persons to initiate eminent domain proceedings not more than six years after the department or other person submits a written acquisition offer to the property owner. Requires an appraiser appointed under the eminent domain law to be: (1) licensed or certified as an appraiser; or (2) licensed as a real estate broker. Extends certain deadlines under the eminent domain law. Provides that if a condemnor fails to: (1) take possession of property the condemnor acquired though the use of eminent domain; and (2) adapt the property for the purpose for which it was acquired; not later than six years after the payment of the award or judgment for damages occurs, the condemnor forfeits all rights in the property as if the procedure to take the property had not begun. Establishes procedures for transferring ownership or control of real property between private persons through the use of eminent domain, including: (1) limiting the use of eminent domain only to certain types of property; (2) requiring that no reasonable alternative to the use of eminent domain exists; (3) requiring that the acquisition of the property will accomplish more than only increasing the property tax base of a government entity; (4) requiring the payment of a premium to acquire certain types of property; and (5) requiring the condemnor to pay the attorney's fees of certain owners. Makes conforming amendments. Specifies that this act applies to all condemnation actions filed on or after November 23, 2005.

Committee report: amend do pass, adopted.

House Bill 1018

Synopsis: Water authority audits. Requires a nonprofit water utility that is reconstituted as a water authority to have an annual audit by a certified public accounting firm and to keep the audit report on file. Provides that the water authority is not subject to audit or examination by the state board of accounts, to the examination guidelines and reporting requirements of the state board of accounts, or to certain statutes that apply to political subdivisions.

Coauthored by Representatives Wolkins, Hinkle and Oxley.

Passed committee 1/18.

House Bill 1045

Synopsis: IURC merger and fining authority. Provides that a merger, consolidation, reorganization, or stock transaction involving an energy company may not occur without the approval of the utility regulatory commission (IURC) if the transaction will cause more than 51% of the company's voting stock to be held by different interests. Requires the IURC to approve the transaction unless the resulting entity will lack the capability to provide adequate and reliable service. Allows the IURC to impose a civil penalty of up to $5,000 if a public utility providing energy services violates any: (1) utility law; or (2) rate or service requirement imposed by the IURC. Allows the IURC to impose an additional penalty of up to $10,000 if the violation demonstrates a willful disregard by the public utility of its duty to remedy the violation. Specifies that a suit to recover a penalty imposed by the IURC shall be brought by the attorney general.

First reading: referred to Committee on Utilities and Energy.

House Bill 1076

Synopsis: Contracts for public water and wastewater projects. Includes water and wastewater, in addition to energy, under the guaranteed savings contracts and utility efficiency programs that may be used by local units of government to reduce consumption and usage costs or to provide billable revenue increases.

First reading: referred to Committee on Local Government.

Passed committee 1/18.

House Bill 1094

Synopsis: Reconnection charges. Provides that the amount charged by a utility, other than a telecommunications provider, to reconnect service may not exceed actual reconnection costs. Permits a utility to require a deposit before reconnecting service. Requires a utility to reconnect service within one calendar day after being requested to reconnect service.

First reading: referred to Committee on Utilities and Energy.

Probably dead, per Vince Griffin.

House Bill 1102

Synopsis: Local government matters. Provides that in the case of a notice that must be published by a city or town under the statute concerning publication procedures, the city or town must publish the notice two times, at least one week apart, with the second publication made at least seven days before the event or action for which the notice is provided. Provides that if a county auditor publishes a notice concerning a tax rate, tax levy, or budget of a political subdivision in the county and the notice contains an error or omission for which the county auditor is responsible: (1) the department of local government finance may correct the error or omission at any time; (2) the maximum amount to which the department of local government finance may increase the tax rate, tax levy, or budget is the amount originally fixed by the political subdivision and not the amount incorrectly published or omitted in the notice; and (3) the county shall hold the political subdivision harmless from any loss of revenue that results from the error or omission. Allows the northwestern Indiana regional planning commission to pay a claim or purchase order without obtaining a vendor's signature. Provides that a claim for reimbursement of mileage, meal, and lodging expenses to attend a state board of accounts conference may not be denied if the claim meets statutory requirements. Allows a municipality to adopt an ordinance providing for meal expense advances for a municipal employee who will be traveling on official business. Increases from $100 to $500 the amount that a violations clerk may accept for payment of ordinance violations. Increases the cost threshold at which bids are required under the local public works statute to $75,000. (Under current law, certain units of

First reading: referred to Committee on Local Government.

Passed committee 1/18.

House Bill 1117

Synopsis: Environmental law. Eliminates the interagency groundwater task force and the municipal waste collection and transportation vehicle registration program operated by the department of environmental management. Changes reporting requirements for a person transporting solid waste in a vehicle to a final disposal facility in Indiana for disposal. Makes it permissive rather than mandatory for the solid waste management board to adopt rules imposing a fee on the disposal or incineration in a final disposal facility in Indiana of solid waste generated outside Indiana.

First reading: referred to Committee on Environmental Affairs.

House Bill 1194

Synopsis: Notice of underground storage tank leaks. Requires notice to affected or potentially affected property owners of a release of a contaminant from an underground storage tank system.

First reading: referred to Committee on Environmental Affairs.

Not likely to survive third hearing deadline.

House Bill 1364

Synopsis: IURC proceedings. Permits the utility regulatory commission (IURC) to deliberate in executive session on a proposed IURC order under certain circumstances.

First reading: referred to Committee on Homeland Security, Utilities, and Public Policy.

Passed committee.

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