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Indiana Code Title 8. Utilities and Transportation § 8-1-31-5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 5. As used in this chapter, “eligible infrastructure improvements” means projects that:

(1) are:

(A) new water or wastewater utility distribution or collection plant projects;  or

(B) projects to relocate existing utility plant, including projects to relocate utility plant or equipment to accommodate the construction, reconstruction, or improvement of a highway, street, or road (as defined in IC 8-23-1-23), including projects under IC 8-25;

(2) do not increase revenues by connecting to new customers, even if the projects provide greater available capacity with respect to an eligible utility's distribution or collection plant; and

(3) either:

(A) for a public utility:

(i) are in service and used and useful; and

(ii) were not included in the public utility's rate base in its most recent general rate case;  or

(B) for a municipally owned or not-for-profit utility:

(i) are or will be extensions or replacements of projects described in subdivision (1), as described in section 5.5(2)(B) or 5.5(3)(B) of this chapter, as applicable;

(ii) were not included on the utility's balance sheet as plant in service in the utility's most recent general rate case;  and

(iii) are not infrastructure improvements that are being recovered or have been recovered through rates or another rate adjustment mechanism.

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Cite this article: FindLaw.com - Indiana Code Title 8. Utilities and Transportation § 8-1-31-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-8-utilities-and-transportation/in-code-sect-8-1-31-5/

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