SB 241

           Second Regular Session of the 124th General Assembly (2026)
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between statutes enacted by the 2025 Regular Session of the General Assembly.
    SENATE ENROLLED ACT No. 241
    AN ACT to amend the Indiana Code concerning utilities.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 8-1-2-61.5, AS AMENDED BY P.L.229-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 61.5. (a) An order affecting rates of service may
be entered by the commission without a formal public hearing in the
case of any public or municipally owned utility that:
      (1) either:
         (A) serves less than eight thousand (8,000) customers; or
         (B) has initiated a rate case on behalf of a single division of
         the utility and that division:
            (i) serves less than five thousand (5,000) customers;
            (ii) has a commission-approved schedule of rates and
            charges that is separate and independent from that of any
            other division of the utility; and
            (iii) itself satisfies subdivisions (2) and (3);
      (2) primarily provides retail service to customers; and
      (3) does not serve extensively another utility.
   (b) The commission may require a formal public hearing on any
petition or complaint filed under this section concerning a rate change
request by a utility upon the commission's own motion or upon motion
of any of the following:
      (1) The utility consumer counselor.
      (2) A public or municipal corporation.
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      (3) Ten (10) individuals, firms, limited liability companies,
      corporations, or associations.
      (4) Ten (10) complainants of any class described in this
      subsection.
   (c) A not-for-profit water utility or a not-for-profit sewer utility must
include in its petition a statement as to whether it has an outstanding
indebtedness to the federal government. When an indebtedness is
shown to exist, the commission shall require a formal hearing, unless
the utility also has included in its filing written consent from the agency
of the federal government with which the utility has outstanding
indebtedness for the utility to obtain an order affecting its rates from
the commission without a formal hearing.
   (d) Notwithstanding any other provision of this chapter, the
commission may:
      (1) on the commission's own motion; or
      (2) at the request of:
          (A) the utility consumer counselor;
          (B) a water or sewer utility described in subsection (a);
          (C) ten (10) individuals, firms, limited liability companies,
          corporations, or associations; or
          (D) ten (10) complainants of any class described in this
          subsection;
adopt a rule under IC 4-22-2, or issue an order in a specific proceeding,
providing for the development, investigation, testing, and use of
regulatory procedures or generic standards with respect to water or
sewer utilities described in subsection (a) or their services.
   (e) The commission may adopt a rule or enter an order under
subsection (d) only if it finds, after notice and hearing, that the
proposed regulatory procedures or standards are in the public interest
and promote at least one (1) of the following:
      (1) Utility cost minimalization to the extent that a utility's quality
      of service or facilities are not diminished.
      (2) A more accurate evaluation by the commission of a utility's
      physical or financial conditions or needs.
      (3) A less costly regulatory procedure for a utility, its consumers,
      or the commission.
      (4) Increased utility management efficiency that is beneficial to
      consumers.
      (5) Economic development opportunities in rural areas (as
      defined in section 89(a)(3) of this chapter) while providing just
      and reasonable protections to a utility's existing ratepayers.
   SECTION 2. IC 8-1-2-101.7 IS ADDED TO THE INDIANA CODE
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AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 101.7. (a) As used in this section,
"authority" refers to the Indiana housing and community
development authority created by IC 5-20-1-3.
   (b) As used in this section, "capacity related fee" has the
meaning set forth in section 101.6 of this chapter.
   (c) As used in this section, "eligible customer" means a
not-for-profit organization that is subject to IC 23-17 and is
recognized as tax exempt under Section 501(c) of the Internal
Revenue Code of 1986 and that:
      (1) has entered into an agreement:
         (A) with the authority; and
         (B) under which the person will construct workforce
         housing in Indiana; and
      (2) seeks to connect the workforce housing described in
      subdivision (1) to the water or wastewater system of a utility
      under the terms of a special contract with the utility under
      subsection (g) or (h).
   (d) As used in this section, "tap fee" has the meaning set forth
in section 101.6 of this chapter.
   (e) As used in this section, "utility" means a:
      (1) public utility (as defined in section 1(a) of this chapter);
      (2) municipally owned utility (as defined in section 1(h) of this
      chapter), including a sewer utility operated under IC 36-9-23
      or IC 36-9-25;
      (3) not-for-profit utility (as defined in section 125(a) of this
      chapter), including a utility company owned, operated, or
      held in trust by a consolidated city;
      (4) cooperatively owned corporation;
      (5) conservancy district established under IC 14-33; or
      (6) regional district established under IC 13-26;
that provides water service or wastewater service, or both, to the
public, regardless of whether the entity described in subdivisions
(1) through (6) is under the jurisdiction of the commission for the
approval of rates and charges with respect to the water service or
wastewater service that is provided.
   (f) As used in this section, "workforce housing" means a single
family dwelling or duplex that is:
      (1) constructed for a household with an income, adjusted by
      family size, that is less than the area median income, as
      published by the United States Department of Housing and
      Urban Development;
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      (2) offered for sale or lease to a household described in
      subdivision (1) for a monthly amount that represents not
      more than thirty percent (30%) of the household's monthly
      income; and
      (3) located in reasonable proximity to employment.
The term does not include an apartment building, a multi-family
development other than a duplex, or any other building that is not
described in subdivision (1) or (2).
   (g) Subject to subsection (i) and notwithstanding any law or rule
governing the extension of service or the imposition of capacity
related fees or tap fees, a utility may not charge or collect a
capacity related fee or a tap fee to an eligible customer for
connecting workforce housing to the utility's water or wastewater
system:
      (1) to the extent that the extension of service to the workforce
      housing to be connected will result in a positive contribution
      to the utility's overall cost of service over a twenty (20) year
      period; and
      (2) if the terms and conditions of the connection are set forth
      in a special contract executed by the eligible customer and the
      utility.
   (h) Subject to subsection (i) and notwithstanding any law or rule
governing the extension of service or the imposition of capacity
related fees or tap fees, if a utility determines that the extension of
service to workforce housing at the request of an eligible entity will
not result in a positive contribution to the utility's overall cost of
service over a twenty (20) year period, the utility may charge and
collect from the eligible customer, under terms and conditions
agreed to under a special contract between the utility and the
eligible customer, a capacity related fee or a tap fee that does not
exceed the difference between:
      (1) the capacity related fee or tap fee that would otherwise
      apply in connecting the workforce housing to the utility's
      water or wastewater system; minus
      (2) the contribution to the utility's overall cost of service over
      a twenty (20) year period that will result from the extension
      of service to the workforce housing.
   (i) A utility may apply discretion with respect to the number of
special contracts that it enters into with eligible customers under
subsection (g) or (h) at any given time, so as to ensure that any
costs associated with such special contracts are not unreasonably
subsidized by other customers of the utility.
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    (j) The:
      (1) exemption from a capacity related fee or a tap fee under
      subsection (g); or
      (2) reduction in a capacity related fee or a tap fee under
      subsection (h);
is not discriminatory for purposes of this chapter or any other law
regulating rates and charges for service.
    SECTION 3. IC 8-1-2.7-1.3, AS AMENDED BY P.L.78-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 1.3. (a) This chapter applies to the following:
      (1) A public utility established to provide water service that is:
          (A) privately owned and serves less than three hundred (300)
          customers;
          (B) a not-for-profit utility (as defined by IC 8-1-2-125(a));
          (C) a cooperative corporation exempt from state and federal
          income taxation; or
          (D) a conservancy district established under IC 14-33-2 that:
            (i) has as a purpose of the district the provision of a water
            supply, including the treatment and distribution of water, for
            domestic, industrial, and public use; and
            (ii) provides water service to less than two three thousand
            (2,000) (3,000) customers.
      (2) A public utility established to provide sewage disposal service
      (as defined in IC 8-1-2-89(a)(1)) that holds a certificate of
      territorial authority as required by IC 8-1-2-89, and that is:
          (A) privately owned and serves less than three hundred (300)
          customers;
          (B) a not-for-profit utility (as defined in IC 8-1-2-125(a)); or
          (C) a cooperative corporation exempt from state and federal
          income taxation.
      (3) Except as provided in subsection (b), a legal entity providing
      only sewage treatment service to a not-for-profit sewage disposal
      company.
    (b) Subsection (a)(3) does not include a sewage treatment provider
that is otherwise subject to the commission's jurisdiction.
    SECTION 4. IC 8-1-31.7-7, AS ADDED BY P.L.137-2020,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 7. As used in this chapter, "service enhancement
improvement" means an expenditure that is either of the following:
      (1) Made, or to be made, by an eligible utility and related to:
          (A) direct or indirect compliance with one (1) or more
          requirements; or
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          (B) installation of a new plant or equipment:
            (i) that is not a replacement plant or equipment; and
            (ii) that the commission determines is reasonable and
            appropriate to further health, safety, or environmental
            protection for the eligible utility's customers, employees, or
            the public.
      (2) Replacement of a plant or equipment Any of the following
      that are made, or to be made, or incurred, or to be incurred,
      to maintain existing health, safety, or environmental protection for
      the eligible utility's customers, employees, or the public:
          (A) Replacement of a plant or equipment.
          (B) Subject to section 9.1 of this chapter, chemical costs
          recorded in:
            (i) Account 618; or
            (ii) Account 718;
          of the National Association of Regulatory Utility
          Commissioners Uniform System of Accounts as adopted by
          the commission under 170 IAC 6-2-2.
          (C) Subject to section 9.1 of this chapter, power costs
          recorded in:
            (i) Account 615; or
            (ii) Account 715;
          of the National Association of Regulatory Utility
          Commissioners Uniform System of Accounts as adopted by
          the commission under 170 IAC 6-2-2.
    SECTION 5. IC 8-1-31.7-9, AS AMENDED BY P.L.100-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 9. (a) Except as provided in subsection (e), before
an eligible utility may seek to recover its service enhancement
improvement costs through a periodic rate adjustment under section 12
of this chapter, it must first obtain preapproval from the commission of
its plan for the proposed service enhancement improvement or
improvements. The eligible utility must file with the commission a
petition and a case in chief, including supporting information described
in section 10 or 11 of this chapter, as applicable. If the petition includes
a request for an allocation of costs under IC 8-1-30.3-6.5, the eligible
utility shall provide a copy of:
      (1) the petition; and
      (2) the eligible utility's case in chief;
to each intervenor in the eligible utility's last general rate case.
    (b) After holding a public hearing for which proper notice is given
under IC 8-1-1-8, the commission shall preapprove the eligible utility's
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plan under this section if the commission makes the required findings
under section 10 or 11 of this chapter, as applicable. If the service
enhancement improvement is not described in section 7(1)(A) of this
chapter, the commission shall preapprove the eligible utility's plan
under this section if the commission makes the required finding under
section 7(1)(B)(ii) of this chapter.
    (c) The commission shall issue its final order on the petition not
later than two hundred ten (210) days after the filing of the eligible
utility's case in chief.
    (d) An eligible utility may have more than one (1) plan, and an
eligible utility may file separate petitions for separate plans.
    (e) An eligible utility is not required to seek preapproval of a plan
in order to seek recovery under section 12 of this chapter for:
       (1) eligible additions service enhancement improvements that
       are described in section 7(2) 7(2)(A) of this chapter; or
       (2) costs that are described in section 7(2)(B) or 7(2)(C) of this
       chapter.
    (f) This subsection does not apply to an adjustment rider under
section 12 of this chapter for the recovery of costs described in
section 7(2)(B) or 7(2)(C) of this chapter. If the commission approves
an eligible utility's plan under this section, or if approval is otherwise
not required, the commission shall approve a rider authorizing timely
recovery of the eligible utility's service enhancement improvement
costs under section 12 of this chapter. The following apply to the
utility's timely recovery:
       (1) Eighty percent (80%) of the eligible utility's service
       enhancement improvement costs shall be recovered by the
       eligible utility through a periodic rate adjustment mechanism that
       allows the timely recovery of the approved service enhancement
       improvement costs.
       (2) Twenty percent (20%) of the eligible utility's service
       enhancement improvement costs, including depreciation,
       allowance for funds used during construction, and post in service
       carrying costs, compounded monthly and based on the overall
       cost of capital most recently approved by the commission, shall
       be deferred and recovered by the eligible utility as part of its next
       general rate case filed by the eligible utility with the commission.
       (3) Actual costs that exceed by more than twenty-five percent
       (25%) the projected costs set forth in the eligible utility's plan
       approved under this section require specific justification by the
       eligible utility and specific approval by the commission before
       being authorized in the next general rate case filed by the eligible
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      utility with the commission.
   SECTION 6. IC 8-1-31.7-9.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 9.1. (a) This section applies to the
recalculation of costs described in section 7(2)(B) and 7(2)(C) of
this chapter for purposes of an adjustment rider under section 12
of this chapter.
   (b) Chemical costs described in section 7(2)(B) of this chapter
may be recalculated as follows:
      (1) If:
          (A) at least two (2) years have elapsed since the date of the
          commission's most recent order adjusting the basic rates
          and charges of an eligible utility; and
          (B) the average actual annual cost of chemicals has
          increased or decreased by at least three percent (3%) over
          the course of the two (2) year period described in
          subdivision (2);
      the eligible utility may submit for the commission's review
      supporting documentation of the average actual annual cost
      of chemicals for the two (2) year period described in
      subdivision (2), as calculated under subdivision (2), along with
      documentation of how the average annual cost of chemicals
      over that period differs from the amount currently being
      collected for chemicals through the eligible utility's rates.
      However, if the average actual annual cost of chemicals has
      not changed or has increased or decreased by less than three
      percent (3%) over the course of the two (2) year period
      described in subdivision (2), an eligible utility may not seek an
      adjustment to the eligible utility's recovery of chemical costs
      under this section.
      (2) If the eligible utility has determined that the average
      actual annual cost of chemicals has increased or decreased by
      at least three percent (3%) over the course of the two (2) year
      period described in this subdivision, the eligible utility shall
      include in its submission under this subsection a calculation of
      the average actual annual cost of chemicals for the two (2)
      year period described in this subdivision, along with a
      comparison of that cost to the amount currently being
      collected for chemicals through the eligible utility's rates, as
      follows:
          STEP ONE: Calculate the actual cost of chemicals during
          the two (2) year period immediately preceding the date of
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        the eligible utility's submission under this subsection by
        adding together the actual annual cost of chemicals in each
        year of the two (2) year period.
        STEP TWO: Calculate the quotient of the STEP ONE
        amount divided by two (2). This quotient is the average
        actual annual cost of chemicals for the two (2) years
        immediately preceding the eligible utility's submission
        under this subsection.
        STEP THREE: Calculate the difference between:
           (i) the STEP TWO result; minus
           (ii) the amount currently being collected for chemicals
           through the eligible utility's rates on an annual basis, as
           authorized in the commission's most recent base rate
           order for the eligible utility, and adjusted to reflect the
           change in volume from the volume level authorized in
           the commission's most recent base rate order. The
           authorized chemical costs in the commission's most
           recent base rate order shall be divided by the number of
           gallons projected to be sold in the commission's most
           recent base rate order to impute an original cost of
           chemicals per gallon of water sold per unit cost. This per
           unit cost shall be multiplied by the projected number of
           gallons of water to be sold by the eligible utility over the
           twelve (12) month period of the adjustment rider under
           section 12 of this chapter to impute an adjusted cost of
           chemicals from the most recent base rate case.
     (3) If the STEP THREE result under subdivision (2) is a
     positive number, the amount of the STEP THREE result shall
     be included in the adjustment rider under section 12 of this
     chapter as an expense in calculating an adjustment to the
     rider.
     (4) If the STEP THREE result under subdivision (2) is a
     negative number, the amount of the STEP THREE result shall
     be included in the adjustment rider under section 12 of this
     chapter as a credit in calculating an adjustment to the rider.
   (c) Power costs described in section 7(2)(C) of this chapter may
be recalculated as follows:
     (1) If:
        (A) at least two (2) years have elapsed since the date of the
        commission's most recent order adjusting the basic rates
        and charges of an eligible utility; and
        (B) the average actual annual cost of power has increased
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       or decreased by at least three percent (3%) over the course
       of the two (2) year period described in subdivision (2);
   the eligible utility may submit for the commission's review
   supporting documentation of the average actual annual cost
   of power for the two (2) year period described in subdivision
   (2), as calculated under subdivision (2), along with
   documentation of how the average annual cost of power over
   that period differs from the amount currently being collected
   for power through the eligible utility's rates. However, if the
   average actual annual cost of power has not changed or has
   increased or decreased by less than three percent (3%) over
   the course of the two (2) year period described in subdivision
   (2), an eligible utility may not seek an adjustment to the
   eligible utility's recovery of power costs under this section.
   (2) If the eligible utility has determined that the average
   actual annual cost of power has increased or decreased by at
   least three percent (3%) over the course of the two (2) year
   period described in this subdivision, the eligible utility shall
   include in its submission under this subsection a calculation of
   the average actual annual cost of power for the two (2) year
   period described in this subdivision, along with a comparison
   of that cost to the amount currently being collected for power
   through the eligible utility's rates, as follows:
       STEP ONE: Calculate the actual cost of power during the
       two (2) year period immediately preceding the date of the
       eligible utility's submission under this subsection by adding
       together the actual annual cost of power in each year of the
       two (2) year period.
       STEP TWO: Calculate the quotient of the STEP ONE
       amount divided by two (2). This quotient is the average
       actual annual cost of power for the two (2) years
       immediately preceding the eligible utility's submission
       under this subsection.
       STEP THREE: Calculate the difference between:
          (i) the STEP TWO result; minus
          (ii) the amount currently being collected for power
          through the eligible utility's rates on an annual basis, as
          authorized in the commission's most recent base rate
          order for the eligible utility, and adjusted to reflect the
          change in volume from the volume level authorized in
          the commission's most recent base rate order. The
          authorized power costs in the commission's most recent
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            base rate order shall be divided by the number of gallons
            projected to be sold in the commission's most recent base
            rate order to impute an original cost of power per gallon
            of water sold per unit cost. This per unit cost shall be
            multiplied by the projected number of gallons of water
            to be sold by the eligible utility over the twelve (12)
            month period of the adjustment rider under section 12 of
            this chapter to impute an adjusted cost of power from
            the most recent base rate case.
       (3) If the STEP THREE result under subdivision (2) is a
       positive number, the amount of the STEP THREE result shall
       be included in the adjustment rider under section 12 of this
       chapter as an expense in calculating an adjustment to the
       rider.
       (4) If the STEP THREE result under subdivision (2) is a
       negative number, the amount of the STEP THREE result shall
       be included in the adjustment rider under section 12 of this
       chapter as a credit in calculating an adjustment to the rider.
    SECTION 7. IC 8-1-31.7-9.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2026]: Sec. 9.2. (a) This section applies to an
eligible utility for which the commission has issued an order under
section 12 of this chapter to approve an adjustment rider for the
recovery of costs described in section 7(2)(B) or 7(2)(C) of this
chapter, as calculated under section 9.1 of this chapter.
    (b) An eligible utility to which this section applies shall file a
petition for a change in its adjustment amount:
       (1) not later than thirty (30) days after the end of each twelve
       (12) month period after the date on which the commission
       issued the order under section 12 of this chapter approving
       the adjustment rider; and
       (2) until the commission issues an order in the eligible utility's
       next general rate case.
    (c) Upon filing a petition with the commission under subsection
(b), an eligible utility shall serve a copy of the petition on the office
of utility consumer counselor.
    (d) The commission shall hold a hearing and issue an order on
the petition not later than sixty (60) days after the date the petition
is filed.
    SECTION 8. IC 8-1-31.7-12, AS ADDED BY P.L.137-2020,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 12. (a) If the commission approves an eligible
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utility's plan under section 9 of this chapter, or if commission approval
of the plan is otherwise not required, the eligible utility may file a
petition to establish or adjust an adjustment rider to its rate schedules
under this section so as to allow timely recovery of the eligible utility's
service enhancement improvement costs. The following shall apply:
       (1) The adjustment rider shall be calculated as a fixed charge
       based upon equivalent meter size.
       (2) Publication of notice of the filing is not required.
For purposes of this section, the timely recovery of costs for a
municipally owned utility or a not-for-profit utility shall be in a
manner consistent with IC 8-1-31-8(a)(3).
    (b) Except as provided in subsection (i), the adjustment rider shall
provide for the timely recovery of eighty percent (80%) of the service
enhancement improvement costs. The remaining twenty percent (20%)
of the service enhancement improvement costs shall be deferred under
section 9(f)(2) of this chapter.
    (c) The commission shall conduct a hearing.
    (d) The office of the utility consumer counselor may:
       (1) examine information of the eligible utility to confirm:
          (A) that the eligible additions are in accordance with sections
          2 and 8 of this chapter, as applicable; and
          (B) the proper calculation of the adjustment amount proposed
          under this section or section 9.1 of this chapter, as
          applicable; and
       (2) submit a report to the commission not later than thirty (30)
       days after the petition is filed.
    (e) Except as provided in subsection (h), the commission shall hold
the hearing and issue its order not later than sixty (60) days after the
petition is filed.
    (f) Except as provided in subsection (h), the commission shall enter
an order approving a petition filed under this section to the extent the
commission finds that the petition complies with the requirements of
this chapter.
    (g) A petition filed under this section may combine one (1) or more
of the following:
       (1) Service enhancement improvement costs associated with one
       (1) or more plans approved under section 9 of this chapter.
       (2) Service enhancement improvement costs for which approval
       of a plan is not required under this chapter.
    (h) If a petition filed under this section seeks recovery of service
enhancement improvement costs associated with eligible additions
made in association with service enhancement improvements described
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in section 7(2) 7(2)(A) of this chapter:
       (1) the commission shall create a sub-docket to consider the
       service enhancement improvement costs if the petition combines
       the service enhancement improvement costs with service
       enhancement improvement costs associated with approved plans
       under section 7(1)(A) or 7(1)(B) of this chapter;
       (2) to approve recovery of the service enhancement improvement
       costs associated with service enhancement improvements
       described in section 7(2) 7(2)(A) of this chapter, the commission
       must find that the service enhancement improvements described
       in section 7(2) 7(2)(A) of this chapter are reasonable and
       necessary; and
       (3) the time period for issuance of an order under subsection (e)
       is extended to one hundred twenty (120) days with respect to the
       service enhancement improvement costs associated with service
       enhancement improvements described in section 7(2) 7(2)(A) of
       this chapter.
    (i) An adjustment rider under this section for the recovery of
costs described in section 7(2)(B) or 7(2)(C) of this chapter shall
provide for the timely recovery of those costs in full and without
the deferral otherwise required under subsection (b).
    SECTION 9. IC 8-1-31.7-18, AS ADDED BY P.L.137-2020,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2026]: Sec. 18. Except as provided in section 9.2 of this
chapter, an eligible utility may, but is not required to, file a petition for
a change in its initial adjustment amount not more than one (1) time in
every twelve (12) months. Section 12 of this chapter applies to a
petition to change an adjustment rider.
    SECTION 10. An emergency is declared for this act.
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President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date:  Time:
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