Indiana Code Title 8. Utilities and Transportation § 8-1-2-128

Sec. 128. (a) This section applies to a water or wastewater utility regardless of whether the water or wastewater utility has applied for or received a grant, loan, or other financial assistance from the authority under IC 5-1.2-10.

(b) The following definitions apply throughout this section:

(c) Beginning January 1, 2026, a water or wastewater utility shall submit to the commission, on a quadrennial basis, a report regarding the status of the water or wastewater utility's asset management program, as defined in the guidelines of the authority under IC 5-1.2-10.  The report required under this subsection:

Evidence that a water or wastewater utility has submitted an asset management program to the authority in connection with an application for a grant, loan, or other financial assistance under IC 5-1.2 may be provided by the water or wastewater utility to satisfy the requirement under subdivision (2)(A), as long as the water or wastewater utility provides all other information required under this section and under the commission's general administrative order under subsection (h).  In addition to providing the required information concerning the water or wastewater utility's asset management program, a water or wastewater utility shall also include in a report required by this subsection information regarding the status of any federal consent decree or other federal order to which the water or wastewater utility is subject at the time the report is submitted.

(d) Subject to subsection (i), the commission shall verify, on a quadrennial basis, that the asset management program of each water or wastewater utility is sufficient and complies with the commission's general administrative order under subsection (h).  If the commission determines that a water or wastewater utility's asset management program:

the commission shall notify the water or wastewater utility of the deficiency and provide a time frame in which the water or wastewater utility must correct the deficiency.  The commission may require the water or wastewater utility to undergo an informal rate review in the manner set forth in IC 8-1-1.9-5(e)(1).

(e) If a water or wastewater utility receives two (2) consecutive notices of a deficiency under subsection (d) over the course of two (2) consecutive verifications under subsection (d):

Notwithstanding IC 8-1-2.7 or IC 8-1-1.9-5(e)(3), if, after the required period of rate regulation prescribed by IC 8-1-1.9-5(e)(2), the water or wastewater utility submits a report to the commission under subsection (c), and the commission determines that the report indicates that the water or wastewater utility's asset management program is sufficient, the water or wastewater utility may provide to the commission a notice withdrawing the utility from the commission's jurisdiction.

(f) If a water or wastewater utility receives three (3) consecutive notices of a deficiency under subsection (d) over the course of three (3) consecutive verifications under subsection (d), the commission may initiate a receivership proceeding with respect to the water or wastewater utility.

(g) The commission may enter into an agreement with:

to carry out the requirements set forth in this section.

(h) Before October 1, 2025, the commission shall issue a general administrative order setting forth:

(i) The commission may delegate its authority to:

to technical staff.  A determination or notice of deficiency issued by technical staff may be appealed to the full commission.  An action by the commission under this section is subject to review under IC 8-1-3.

(j) Beginning January 1, 2027, the governing body of a water or wastewater utility must, on at least a quadrennial basis, complete a training or continuing education program that: