IN HB1409

Adds new Chapter 37 to IC 36-7-37 allowing units of local government that invest in and develop utility infrastructure to require public utilities to enter into infrastructure acquisition agreements as a condition of transferring ownership.

Defines infrastructure to include capital improvements to sanitary sewer, wastewater treatment, water treatment/storage/distribution, electric transmission/distribution, natural gas facilities, and related site improvements.

Requires infrastructure acquisition agreements to provide for compensation or payments to the unit from the public utility, maintenance of the infrastructure, and rights and remedies for agreement violations.

Prohibits public utilities from recovering agreement costs through periodic rate adjustments or other cost recovery mechanisms.

Payments from utilities under these agreements are in addition to impact fees under existing law, and the provision does not interfere with the Indiana utility regulatory commission's authority to regulate public utilities.