Indiana Section American Water Works Association
Legislative Update 2006
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Senate Bills: 0072 0074 0234 0369
House Bills: 1010 1018 1102
 

Senate Bill 0072
Introduced by Senator Long

The WUC supports this bill.

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

Action List

Senate Bill 0074
Introduced by Senator Long

The WUC will track this bill but will not support or oppose.

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.

Action List

Senate Bill 0234
Introduced by Senator Gard

The WUC supports this bill.

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. Provides that a determination of status as a member or participant in a program is not subject to the administrative orders and procedures act. 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. Extends the expiration date of noncode sections that state the required level of protection of certain waters of the state and that direct the water pollution control board to amend certain water quality rules and to make certain water use category determinations.

Action List

Senate Bill 0369
Introduced by Senator R. Young

The WUC has created a Water Shortage Plan committee that will review and report on the various plans and options for addressing drought planning.

Synopsis: Drought planning. Creates a ten member water shortage task force to develop and implement an updated water shortage plan and to address other surface and ground water issues. Provides that appointments to the task force are made by the director of the department of natural resources ("DNR"), and requires DNR to staff the task force. Requires certain state agencies to designate a representative to advise the task force. Permits the director of DNR to invite representatives of other state and federal agencies to advise the task force.

Action List

House Bill 1010
Introduced by Representative Wolkins

The WUC encourages members to contact their legislators to support or oppose as appropriate for their situation.

Synopsis: Eminent domain. Requires a condemnor, before proceeding to acquire property by use of eminent domain, to: (1) establish a proposed purchase price; (2) provide the owner with an appraisal or other evidence used to establish the proposed purchase price; and (3) conduct a good faith negotiation with the owner of the property. Requires a condemnor, except the department of transportation (department), certain utilities, 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, certain utilities, and certain other persons to initiate eminent domain proceedings not more than six years after the department, utility, or other person submits a written acquisition offer to the property owner. Requires two of the three appraisers appointed under the eminent domain law to be: (1) licensed under the law concerning real estate brokers and salespersons; and (2) residents of Indiana. 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 using eminent domain to transfer ownership or control of real property between private persons for uses that are not public uses, 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 that have not reached a final judgment before the effective date of this act. Prohibits a state agency or political subdivision from requiring that a lawfully erected sign be removed or altered as a condition of issuing a permit, license, variance, or other order concerning land use development unless the sign owner is compensated in accordance with the eminent domain statute.

Action List

House Bill 1018
Introduced by Representative Robertson

The WUC encourages members to contact their legislators to support or oppose as appropriate for their situation.

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.

Action List

House Bill 1102
Introduced by Representative Ayres

The WUC encourages members to contact their legislators to support or oppose as appropriate for their situation


Synopsis: Significant number of issues related to local government issues.

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Updated: June 27th, 2006