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IN HB1567
Bill
Status
1/17/2019
Primary Sponsor
Dale DeVon
Click for details
AI Summary
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Utilities cannot refuse to modify facilities (relocate, redesign, remove, alter, etc.) when requested by a person or customer if the local government supports the request and the utility's access to the facility will not be diminished
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Utilities may charge requesters for modification costs, but must deduct any increase in facility value and salvage value, and must account for the facility's age, condition, and planned replacement schedule
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Engineering and administrative costs are capped at 25% of total modification cost, upgrades not requested or required by law cannot be included, and the utility cannot profit from modifications
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Utilities must publish information about modification requests and cost factors in IURC filings, on their website, and make it available for public inspection at their offices
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The Indiana Utility Regulatory Commission (IURC) may investigate modification costs upon its own motion or upon complaint, hold hearings, issue orders, and adopt rules to implement these provisions
Legislative Description
Modification of utility facilities. Provides that if a person, including a customer of a utility, requests or requires the modification of one or more utility facilities of a utility, the utility: (1) may not refuse to perform the modification if: (A) the local unit in which the modification will occur supports the request; and (B) the utility's access to the facility will not be diminished or hindered as a result of the modification; and (2) may require the person requesting or requiring the modification to pay the cost of the modification. Sets forth certain requirements and conditions that apply to a utility's determination of the cost of the modification of a utility facility. Requires a utility to include information about requests for modifications of utility facilities, including information on the factors the utility uses in determining the cost of modifications: (1) in the utility's filings with the utility regulatory commission (IURC); and (2) on the utility's Internet web site. Requires the utility to make the information available for public inspection in each of the utility's offices or stations that are open to the public. Provides that upon: (1) the IURC's own motion; or (2) the complaint of a utility, a person requesting or requiring the modification of a utility facility, or certain other qualified complainants; the IURC may investigate the amounts assessed by a utility with respect to the modification of a specific utility facility, or by the utility generally for modifications of utility facilities. Authorizes the IURC to: (1) hold hearings and issue orders in connection with such an investigation; and (2) adopt rules that the IURC considers necessary to implement these provisions.
Last Action
First reading: referred to Committee on Utilities, Energy and Telecommunications
1/17/2019