Indiana 2023 Regular Session

Indiana Senate Bill SB0254 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 254
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-1.
7	7	Synopsis: Residential utility customer protections. Amends the statute
8	8	that authorizes a water or wastewater utility to establish a customer
9	9	assistance program for qualified residential customers, to provide the
10	10	same authority to energy utilities. Beginning in 2024, requires a utility
11	11	that: (1) is under the jurisdiction of the Indiana utility regulatory
12	12	commission (IURC) for the approval of rates and charges; and (2)
13	13	provides residential electric, natural gas, water, or wastewater utility
14	14	service at retail to customers and low income customers in Indiana; to
15	15	report to the IURC on a quarterly basis certain data concerning
16	16	customer accounts and low income customer accounts. Provides that:
17	17	(1) a utility shall report all required information in the aggregate and
18	18	in a manner that does not identify individual customers and low income
19	19	customers; and (2) the IURC may not require utilities to disclose
20	20	confidential and proprietary business information without adequate
21	21	protection of the information. Requires the IURC to adopt rules to
22	22	implement these provisions. Provides that, beginning in 2025, the
23	23	IURC shall annually compile and summarize the information received
24	24	from utilities for the previous calendar year and include the summary
25	25	in the IURC's annual report. Requires a utility to make available, not
26	26	later than November 1, 2023, to the utility's residential customers the
27	27	opportunity to enter into the following: (1) A budget billing
28	28	arrangement. (2) A payment plan that includes certain specified
29	29	customer protections. Prohibits a utility from engaging in certain
30	30	practices with respect to: (1) billing practices; and (2) service
31	31	disconnections and reconnections; for residential customers after June
32	32	30, 2023. Makes conforming amendments to the statute concerning the
33	33	(Continued next page)
34	34	Effective: Upon passage; July 1, 2023; November 1, 2023.
35	35	Yoder
36	36	January 11, 2023, read first time and referred to Committee on Utilities.
37	37	2023 IN 254—LS 7055/DI 101 Digest Continued
38	38	termination of residential electric or natural gas service. Requires the
39	39	IURC to amend, not later than July 1, 2023, its administrative rules as
40	40	necessary to conform the rules to these provisions. Requires a utility to:
41	41	(1) amend its residential tariffs as necessary to conform the tariffs to
42	42	these provisions; and (2) file with the IURC a petition for approval of
43	43	each amended tariff; not later than 30 days after the effective date of
44	44	these provisions.
45	45	2023 IN 254—LS 7055/DI 1012023 IN 254—LS 7055/DI 101 Introduced
46	46	First Regular Session of the 123rd General Assembly (2023)
47	47	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
48	48	Constitution) is being amended, the text of the existing provision will appear in this style type,
49	49	additions will appear in this style type, and deletions will appear in this style type.
50	50	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
51	51	provision adopted), the text of the new provision will appear in this style type. Also, the
52	52	word NEW will appear in that style type in the introductory clause of each SECTION that adds
53	53	a new provision to the Indiana Code or the Indiana Constitution.
54	54	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
55	55	between statutes enacted by the 2022 Regular Session of the General Assembly.
56	56	SENATE BILL No. 254
57	57	A BILL FOR AN ACT to amend the Indiana Code concerning
58	58	utilities.
59	59	Be it enacted by the General Assembly of the State of Indiana:
60	60	1 SECTION 1. IC 8-1-2-46, AS AMENDED BY P.L.233-2017,
61	61	2 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
62	62	3 JULY 1, 2023]: Sec. 46. (a) The commission shall provide for a
63	63	4 comprehensive classification of such service for each public utility and
64	64	5 such classification may take into account the quantity used, the time
65	65	6 when used, the purpose for which used and other reasonable
66	66	7 consideration. Each public utility is required to conform its schedules
67	67	8 of rates, tolls, and charges to such classification.
68	68	9 (b) As used in this section, "energy utility" means:
69	69	10 (1) a public utility, as defined in section 1(a) of this chapter;
70	70	11 (2) a municipally owned utility, as defined in section 1(h) of
71	71	12 this chapter;
72	72	13 (3) a cooperatively owned utility; or
73	73	14 (4) a not-for-profit utility;
74	74	15 that provides electric utility service, gas utility service, or both
75	75	2023 IN 254—LS 7055/DI 101 2
76	76	1 electric utility service and gas utility service, to the public.
77	77	2 (c) As used in this section, "utility" means:
78	78	3 (1) an energy utility; or
79	79	4 (2) a water or wastewater utility.
80	80	5 (b) (d) As used in this section, "water or wastewater utility" means:
81	81	6 (1) a public utility, as defined in section 1(a) of this chapter;
82	82	7 (2) a municipally owned utility, as defined in section 1(h) of this
83	83	8 chapter; or
84	84	9 (3) a not-for-profit utility, as defined in section 125(a) of this
85	85	10 chapter;
86	86	11 that provides water or wastewater service to the public.
87	87	12 (c) (e) Upon request by a water or wastewater utility in a general
88	88	13 rate case, the commission may allow, but may not require, a water or
89	89	14 wastewater utility to establish a customer assistance program that:
90	90	15 (1) uses state or federal infrastructure funds, as applicable; or
91	91	16 (2) provides financial relief to residential customers who qualify
92	92	17 for income related assistance.
93	93	18 A customer assistance program established under this subsection that
94	94	19 affects rates and charges for service is not discriminatory for purposes
95	95	20 of this chapter or any other law regulating rates and charges for service.
96	96	21 In considering whether to approve a water or wastewater utility's
97	97	22 proposed customer assistance program, the commission shall determine
98	98	23 that a customer assistance program established under this subsection
99	99	24 furthers the interests set forth in section 0.5 of this chapter and is in the
100	100	25 public interest.
101	101	26 (d) (f) The commission shall adopt rules under IC 4-22-2 to
102	102	27 implement this section.
103	103	28 SECTION 2. IC 8-1-2-105, AS AMENDED BY P.L.181-2006,
104	104	29 SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
105	105	30 JULY 1, 2023]: Sec. 105. (a) No public utility may make or give any
106	106	31 undue or unreasonable preference or advantage to any person, or
107	107	32 subject any person to any undue or unreasonable prejudice or
108	108	33 disadvantage in any respect. A person who violates this section
109	109	34 commits a Class B infraction.
110	110	35 (b) Nothing in this chapter shall prevent any public utility from
111	111	36 furnishing service free or at reduced rates to any of its employees and
112	112	37 officers or retired employees and officers or from providing:
113	113	38 (1) energy assistance to a heating assistance program
114	114	39 administered under IC 4-4-33 to persons eligible for that
115	115	40 assistance;
116	116	41 (2) a customer assistance program under section 46 of this
117	117	42 chapter; or
118	118	2023 IN 254—LS 7055/DI 101 3
119	119	1 (3) any:
120	120	2 (A) budget billing arrangement;
121	121	3 (B) payment plan; or
122	122	4 (C) other customer relief or forbearance;
123	123	5 that is provided in accordance with IC 8-1-6.2.
124	124	6 SECTION 3. IC 8-1-2-121, AS AMENDED BY P.L.181-2006,
125	125	7 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
126	126	8 NOVEMBER 1, 2023]: Sec. 121. (a) Notwithstanding any other
127	127	9 provision of law, from December 1 through March 15 of any year, no
128	128	10 electric or gas utility, including a municipally owned, privately owned,
129	129	11 or cooperatively owned utility, shall terminate residential electric or
130	130	12 gas service for persons who are eligible for and have applied for
131	131	13 assistance from a heating assistance program administered under
132	132	14 IC 4-4-33. The commission shall implement procedures to ensure that
133	133	15 electric or gas utility service is continued while eligibility for such
134	134	16 persons is being determined.
135	135	17 (b) Any An electric or gas utility, including a municipally owned,
136	136	18 privately owned, or cooperatively owned utility, shall provide any a
137	137	19 residential customer whose account is delinquent an opportunity to
138	138	20 enter into a reasonable amortization agreement with such company to
139	139	21 pay the delinquent account. Such an amortization agreement must
140	140	22 provide the customer with adequate opportunity to apply for and
141	141	23 receive the benefits of any available public assistance program. An
142	142	24 amortization agreement is subject to amendment on the customer's
143	143	25 request if there is a change in the customer's financial circumstances.
144	144	26 payment plan that complies with IC 8-1-6.2-6(2).
145	145	27 (c) The commission may establish a reasonable rate of interest
146	146	28 which a utility may charge on the unpaid balance of a customer's
147	147	29 delinquent bill that may not exceed the rate established by the
148	148	30 commission under section 34.5 of this chapter.
149	149	31 (d) (c) The commission shall adopt rules under IC 4-22-2 to carry
150	150	32 out the provisions of this section.
151	151	33 (e) (d) This section does not prohibit an electric or gas utility from
152	152	34 terminating residential utility service upon a request of a customer or
153	153	35 under the following circumstances:
154	154	36 (1) If a condition dangerous or hazardous to life, physical safety,
155	155	37 or property exists.
156	156	38 (2) Upon order by any court, the commission, or other duly
157	157	39 authorized public authority.
158	158	40 (3) If fraudulent or unauthorized use of electricity or gas is
159	159	41 detected and the utility has reasonable grounds to believe the
160	160	42 affected customer is responsible for such use.
161	161	2023 IN 254—LS 7055/DI 101 4
162	162	1 (4) If the utility's regulating or measuring equipment has been
163	163	2 tampered with and the utility has reasonable grounds to believe
164	164	3 that the affected customer is responsible for such tampering.
165	165	4 SECTION 4. IC 8-1-6.1 IS ADDED TO THE INDIANA CODE AS
166	166	5 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
167	167	6 1, 2023]:
168	168	7 Chapter 6.1. Annual Residential Customer Reports by Utilities
169	169	8 Sec. 1. As used in this chapter, "budget billing arrangement"
170	170	9 means a levelized payment arrangement that:
171	171	10 (1) is entered into by a utility and:
172	172	11 (A) a customer; or
173	173	12 (B) a low income customer;
174	174	13 of the utility;
175	175	14 (2) allows the customer or low income customer to pay for
176	176	15 utility service in equal monthly installments; and
177	177	16 (3) involves a reconciliation mechanism in which:
178	178	17 (A) the amount of utility service actually used by the
179	179	18 customer or low income customer during a specified period
180	180	19 is compared with the amount of utility service for which
181	181	20 the customer or low income customer was billed under the
182	182	21 arrangement during the specified period; and
183	183	22 (B) the account of the customer or low income customer is
184	184	23 either billed or credited, as appropriate, for any
185	185	24 discrepancy identified under clause (A).
186	186	25 Sec. 2. As used in this chapter, "customer" refers to a
187	187	26 residential customer who:
188	188	27 (1) has agreed to pay for utility service from a utility; and
189	189	28 (2) is not a low income customer.
190	190	29 Sec. 3. As used in this chapter, "low income customer" refers to
191	191	30 a residential customer who is part of a household that:
192	192	31 (1) has agreed to pay for utility service from a utility; and
193	193	32 (2) satisfies either of the following:
194	194	33 (A) Is eligible for and has applied for assistance from:
195	195	34 (i) a home energy assistance program administered
196	196	35 under IC 4-4-33; or
197	197	36 (ii) a low income household water assistance program
198	198	37 administered by the Indiana housing and community
199	199	38 development authority.
200	200	39 (B) Is eligible for one (1) or more of the following:
201	201	40 (i) The Temporary Assistance for Needy Families
202	202	41 (TANF) program.
203	203	42 (ii) The federal Supplemental Nutrition Assistance
204	204	2023 IN 254—LS 7055/DI 101 5
205	205	1 Program (SNAP).
206	206	2 (iii) The Special Supplemental Nutrition Program for
207	207	3 Women, Infants, and Children (WIC).
208	208	4 (iv) Free or reduced priced school meals.
209	209	5 (v) The federal Supplemental Security Income (SSI)
210	210	6 program.
211	211	7 (vi) Medicaid.
212	212	8 (vii) The healthy Indiana plan under IC 12-15-44.5.
213	213	9 (viii) The federal Child Care and Development Fund
214	214	10 (CCDF) grant program or the federal Head Start
215	215	11 program.
216	216	12 (ix) Public housing or housing assistance programs.
217	217	13 (x) Other means tested programs.
218	218	14 Sec. 4. As used in this chapter, "payment plan" means a
219	219	15 payment arrangement that:
220	220	16 (1) is entered into by a utility and:
221	221	17 (A) a customer; or
222	222	18 (B) a low income customer;
223	223	19 of the utility; and
224	224	20 (2) allows the customer or low income customer to:
225	225	21 (A) pay current or past due amounts for utility service in
226	226	22 lower amounts or over an extended period of time, or
227	227	23 according to another agreed upon schedule;
228	228	24 (B) defer the payment of current or past due amounts for
229	229	25 utility service to some future date; or
230	230	26 (C) receive a forbearance with respect to the payment of
231	231	27 certain amounts owed.
232	232	28 Sec. 5. As used in this chapter, "protected account" means an
233	233	29 account that:
234	234	30 (1) is for utility service that:
235	235	31 (A) is provided to a:
236	236	32 (i) customer; or
237	237	33 (ii) low income customer;
238	238	34 who is vulnerable because of advanced age, serious illness,
239	239	35 or disability; and
240	240	36 (B) is not subject to termination or disconnection for
241	241	37 nonpayment or for which termination or disconnection for
242	242	38 nonpayment is restricted during specified periods; or
243	243	39 (2) otherwise qualifies as a protected account under rules
244	244	40 adopted by the commission under section 9 of this chapter.
245	245	41 Sec. 6. As used in this chapter, "utility" means a utility, however
246	246	42 organized, that:
247	247	2023 IN 254—LS 7055/DI 101 6
248	248	1 (1) provides utility service to customers and low income
249	249	2 customers in Indiana; and
250	250	3 (2) is under the jurisdiction of the commission for the
251	251	4 approval of rates and charges.
252	252	5 Sec. 7. As used in this chapter, "utility service" means
253	253	6 residential:
254	254	7 (1) electric;
255	255	8 (2) natural gas;
256	256	9 (3) water; or
257	257	10 (4) wastewater;
258	258	11 service that is provided at retail.
259	259	12 Sec. 8. (a) Beginning in 2024, a utility shall submit to the
260	260	13 commission quarterly reports on the utility service provided by the
261	261	14 utility to customers during the calendar quarter covered by the
262	262	15 report. The first report required by this subsection shall include
263	263	16 the information set forth in this subsection with respect to the
264	264	17 second calendar quarter of 2024. The reports required by this
265	265	18 subsection shall be submitted to the commission at the time and in
266	266	19 the manner and form prescribed by the commission in rules
267	267	20 adopted under section 9 of this chapter. Each report must include
268	268	21 the following information with respect to customers (not including
269	269	22 low income customers with respect to whom a report is required
270	270	23 under subsection (b)) for the calendar quarter covered by the
271	271	24 report:
272	272	25 (1) The total number of open customer accounts.
273	273	26 (2) The total amount billed by the utility for all open customer
274	274	27 accounts.
275	275	28 (3) The total gross receipts received by the utility for all open
276	276	29 customer accounts.
277	277	30 (4) The total number of open protected accounts for
278	278	31 customers.
279	279	32 (5) The total number of open customer accounts that were
280	280	33 delinquent for at least sixty (60) days and not more than
281	281	34 ninety (90) days.
282	282	35 (6) The total dollar amount owed with respect to the accounts
283	283	36 identified under subdivision (5).
284	284	37 (7) The total number of open customer accounts that were
285	285	38 delinquent for more than ninety (90) days.
286	286	39 (8) The total dollar amount owed with respect to the accounts
287	287	40 identified under subdivision (7).
288	288	41 (9) The total number of customer accounts referred for
289	289	42 collection to an attorney or a collection agency.
290	290	2023 IN 254—LS 7055/DI 101 7
291	291	1 (10) The total number of new payment plans entered into
292	292	2 between the utility and customers of the utility.
293	293	3 (11) The total number of new budget billing arrangements
294	294	4 entered into between the utility and customers of the utility.
295	295	5 (12) The total number of customer accounts sent a notice of
296	296	6 disconnection for nonpayment.
297	297	7 (13) The total number of service disconnections performed for
298	298	8 nonpayment.
299	299	9 (14) The total number of service restorations after
300	300	10 disconnection for nonpayment.
301	301	11 (15) The average duration of service disconnection for
302	302	12 customer accounts identified under subdivision (14).
303	303	13 (16) The total number of customer accounts written off as
304	304	14 uncollectible.
305	305	15 (17) The total dollar value of customer accounts identified
306	306	16 under subdivision (16).
307	307	17 (18) The total dollar value of recovered bad debt with respect
308	308	18 to customer accounts.
309	309	19 (19) Any other relevant information concerning customer
310	310	20 accounts that the commission:
311	311	21 (A) considers appropriate in evaluating:
312	312	22 (i) the payment history of customers; and
313	313	23 (ii) the billing and related practices of utilities with
314	314	24 respect to customers; and
315	315	25 (B) requires under rules adopted under section 9 of this
316	316	26 chapter.
317	317	27 (b) Beginning in 2024, a utility shall submit to the commission
318	318	28 quarterly reports on the utility service provided by the utility to
319	319	29 low income customers during the calendar quarter covered by the
320	320	30 report. The first report required by this subsection shall include
321	321	31 the information set forth in this subsection with respect to the
322	322	32 second calendar quarter of 2024. The reports required by this
323	323	33 subsection shall be submitted to the commission at the time and in
324	324	34 the manner and form prescribed by the commission in rules
325	325	35 adopted under section 9 of this chapter. Each report must include
326	326	36 the following information with respect to low income customers for
327	327	37 the calendar quarter covered by the report:
328	328	38 (1) The total number of open low income customer accounts.
329	329	39 (2) The total amount billed by the utility for all open low
330	330	40 income customer accounts.
331	331	41 (3) The total gross receipts received by the utility for all open
332	332	42 low income customer accounts.
333	333	2023 IN 254—LS 7055/DI 101 8
334	334	1 (4) Of the total amount of gross receipts reported under
335	335	2 subdivision (3), the total amount that was paid through:
336	336	3 (A) a home energy assistance program administered under
337	337	4 IC 4-4-33; or
338	338	5 (B) a low income household water assistance program
339	339	6 administered by the Indiana housing and community
340	340	7 development authority.
341	341	8 (5) The total number of low income customers who received
342	342	9 assistance from:
343	343	10 (A) a home energy assistance program administered under
344	344	11 IC 4-4-33; or
345	345	12 (B) a low income household water assistance program
346	346	13 administered by the Indiana housing and community
347	347	14 development authority.
348	348	15 (6) The total number of open protected accounts for low
349	349	16 income customers.
350	350	17 (7) The total number of open low income customer accounts
351	351	18 that were delinquent for at least sixty (60) days and not more
352	352	19 than ninety (90) days.
353	353	20 (8) The total dollar amount owed with respect to the accounts
354	354	21 identified under subdivision (7).
355	355	22 (9) The total number of open low income customer accounts
356	356	23 that were delinquent for more than ninety (90) days.
357	357	24 (10) The total dollar amount owed with respect to the
358	358	25 accounts identified under subdivision (9).
359	359	26 (11) The total number of low income customer accounts
360	360	27 referred for collection to an attorney or a collection agency.
361	361	28 (12) The total number of new payment plans entered into
362	362	29 between the utility and low income customers of the utility.
363	363	30 (13) The total number of new budget billing arrangements
364	364	31 entered into between the utility and low income customers of
365	365	32 the utility.
366	366	33 (14) The total number of low income customer accounts sent
367	367	34 a notice of disconnection for nonpayment.
368	368	35 (15) The total number of service disconnections performed for
369	369	36 nonpayment.
370	370	37 (16) The total number of service restorations after
371	371	38 disconnection for nonpayment.
372	372	39 (17) The average duration of service disconnection for low
373	373	40 income customer accounts identified under subdivision (16).
374	374	41 (18) The total number of low income customer accounts
375	375	42 written off as uncollectible.
376	376	2023 IN 254—LS 7055/DI 101 9
377	377	1 (19) The total dollar value of low income customer accounts
378	378	2 identified under subdivision (18).
379	379	3 (20) The total dollar value of recovered bad debt with respect
380	380	4 to low income customer accounts.
381	381	5 (21) Any other relevant information concerning low income
382	382	6 customer accounts that the commission:
383	383	7 (A) considers appropriate in evaluating:
384	384	8 (i) the payment history of low income customers; and
385	385	9 (ii) the billing and related practices of utilities with
386	386	10 respect to low income customers; and
387	387	11 (B) requires under rules adopted under section 9 of this
388	388	12 chapter.
389	389	13 (c) A utility may report the information and data required
390	390	14 under subsections (a) and (b) at the same time and on the same
391	391	15 form, if so prescribed by the commission in rules adopted under
392	392	16 section 9 of this chapter.
393	393	17 (d) A utility shall report all information and data required
394	394	18 under subsections (a) and (b) in the aggregate and in a manner that
395	395	19 does not identify individual customers and low income customers
396	396	20 of the utility.
397	397	21 (e) This section does not empower the commission to require
398	398	22 utilities to disclose confidential and proprietary business
399	399	23 information without adequate protection of the information. The
400	400	24 commission shall exercise all necessary caution to avoid disclosure
401	401	25 of any confidential information reported by utilities under this
402	402	26 section.
403	403	27 Sec. 9. The commission shall adopt rules under IC 4-22-2 to
404	404	28 implement this chapter. In adopting the rules required by this
405	405	29 section, the commission may adopt emergency rules in the manner
406	406	30 provided by IC 4-22-2-37.1.
407	407	31 Sec. 10. Beginning in 2025, the commission shall annually
408	408	32 compile and summarize the information received from utilities
409	409	33 under section 8 of this chapter for the previous calendar year and
410	410	34 include the commission's summary of the information in the
411	411	35 commission's annual report under IC 8-1-1-14.
412	412	36 SECTION 5. IC 8-1-6.2 IS ADDED TO THE INDIANA CODE AS
413	413	37 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON
414	414	38 PASSAGE]:
415	415	39 Chapter 6.2. Protections for Residential Customers of Utilities
416	416	40 Sec. 1. As used in this chapter, "budget billing arrangement"
417	417	41 means a levelized payment arrangement that:
418	418	42 (1) is entered into by a utility and a customer of the utility;
419	419	2023 IN 254—LS 7055/DI 101 10
420	420	1 (2) allows the customer to pay for utility service in equal
421	421	2 monthly installments; and
422	422	3 (3) involves a reconciliation mechanism in which:
423	423	4 (A) the amount of utility service actually used by the
424	424	5 customer during a specified period is compared with the
425	425	6 amount of utility service for which the customer was billed
426	426	7 under the arrangement during the specified period; and
427	427	8 (B) the account of the customer is either billed or credited,
428	428	9 as appropriate, for any discrepancy identified under clause
429	429	10 (A).
430	430	11 Sec. 2. As used in this chapter, "customer" refers to a
431	431	12 residential customer who has agreed to pay for utility service from
432	432	13 a utility.
433	433	14 Sec. 3. As used in this chapter, "payment plan" means a
434	434	15 payment arrangement that:
435	435	16 (1) is entered into by a utility and a customer of the utility;
436	436	17 and
437	437	18 (2) allows the customer to:
438	438	19 (A) pay current or past due amounts for utility service in
439	439	20 lower amounts or over an extended period of time, or
440	440	21 according to another agreed upon schedule;
441	441	22 (B) defer the payment of current or past due amounts for
442	442	23 utility service to some future date; or
443	443	24 (C) receive a forbearance with respect to the payment of
444	444	25 certain amounts owed.
445	445	26 Sec. 4. As used in this chapter, "utility" means a utility, however
446	446	27 organized, that:
447	447	28 (1) provides utility service to customers in Indiana; and
448	448	29 (2) is under the jurisdiction of the commission for the
449	449	30 approval of rates and charges.
450	450	31 Sec. 5. As used in this chapter, "utility service" means
451	451	32 residential:
452	452	33 (1) electric;
453	453	34 (2) natural gas;
454	454	35 (3) water; or
455	455	36 (4) wastewater;
456	456	37 service that is provided at retail.
457	457	38 Sec. 6. Not later than November 1, 2023, a utility shall make
458	458	39 available to all customers of the utility the opportunity to enter into
459	459	40 the following:
460	460	41 (1) A budget billing arrangement.
461	461	42 (2) A payment plan that establishes a payment arrangement
462	462	2023 IN 254—LS 7055/DI 101 11
463	463	1 that:
464	464	2 (A) is based on a customer's ability to pay for current and
465	465	3 any past due amounts;
466	466	4 (B) provides a sufficient period of time that is at least:
467	467	5 (i) six (6) months; or
468	468	6 (ii) twelve (12) months, in the case of a low income
469	469	7 customer (as defined in IC 8-1-6.1-3);
470	470	8 over which the customer is allowed to pay for current or
471	471	9 past due amounts, given the customer's particular
472	472	10 circumstances;
473	473	11 (C) provides sufficient flexibility to be adjusted with
474	474	12 respect to:
475	475	13 (i) the amount of each payment under the plan; and
476	476	14 (ii) the period of time covered by the plan;
477	477	15 to respond to changes in the customer's financial
478	478	16 circumstances;
479	479	17 (D) does not require a customer to:
480	480	18 (i) make a down payment; or
481	481	19 (ii) pay a deposit;
482	482	20 as a condition of participating in the plan; and
483	483	21 (E) provides the customer with adequate opportunity to
484	484	22 apply for and receive the benefits of any available public
485	485	23 assistance program.
486	486	24 Sec. 7. (a) Except for subsection (b)(4), this section does not
487	487	25 apply to:
488	488	26 (1) wastewater service provided by a municipality under
489	489	27 IC 36-9-23; or
490	490	28 (2) wastewater service provided by a sanitation department
491	491	29 under IC 36-9-25.
492	492	30 (b) After June 30, 2023, a utility shall not do the following:
493	493	31 (1) Except as otherwise provided in IC 8-1.5-3-8(k)(1) with
494	494	32 respect to a municipally owned utility providing utility service
495	495	33 (other than wastewater service) to property occupied by
496	496	34 someone other than the owner, require a customer to pay a
497	497	35 deposit as a condition for receiving utility service from the
498	498	36 utility, either upon:
499	499	37 (A) first establishing utility service for the customer as a
500	500	38 new customer; or
501	501	39 (B) reconnecting the customer's utility service following a
502	502	40 disconnection for nonpayment.
503	503	41 (2) Require that a customer whose utility service has been
504	504	42 disconnected for nonpayment to pay the full amount of the
505	505	2023 IN 254—LS 7055/DI 101 12
506	506	1 arrearage before reconnecting the customer's utility service
507	507	2 if the customer has:
508	508	3 (A) entered into a payment plan with the utility; and
509	509	4 (B) made a good faith effort to make payments of past due
510	510	5 amounts under the payment plan.
511	511	6 (3) Impose a late fee or charge interest on past due customer
512	512	7 bills.
513	513	8 (4) Report past due customer bills, including any past due
514	514	9 amounts written off as uncollectible, to a consumer reporting
515	515	10 agency (as defined in IC 24-5-24-3).
516	516	11 (5) Impose a minimum balance requirement for prepaid
517	517	12 utility service customers.
518	518	13 Sec. 8. Any:
519	519	14 (1) budget billing arrangement;
520	520	15 (2) payment plan; or
521	521	16 (3) other customer relief or forbearance;
522	522	17 that is provided in accordance with this chapter is not
523	523	18 discriminatory for purposes of IC 8-1-2-105 or any other law
524	524	19 concerning rates and charges for utility service.
525	525	20 SECTION 6. [EFFECTIVE UPON PASSAGE] (a) As used in this
526	526	21 SECTION, "commission" refers to the Indiana utility regulatory
527	527	22 commission created by IC 8-1-1-2.
528	528	23 (b) As used in this SECTION, "utility" has the meaning set
529	529	24 forth in IC 8-1-6.2-4, as added by this act.
530	530	25 (c) Not later than July 1, 2023, the commission shall amend the
531	531	26 following rules of the commission as necessary to conform the rules
532	532	27 with IC 8-1-6.2, as added by this act:
533	533	28 (1) 170 IAC 4.
534	534	29 (2) 170 IAC 5.
535	535	30 (3) 170 IAC 6.
536	536	31 (4) 170 IAC 8.5.
537	537	32 (5) Any other rule that:
538	538	33 (A) has been adopted by the commission; and
539	539	34 (B) is inconsistent with IC 8-1-6.2, as added by this act.
540	540	35 In amending any rules required to be amended by this SECTION,
541	541	36 the commission may adopt emergency rules in the manner
542	542	37 provided by IC 4-22-2-37.1.
543	543	38 (d) Not later than thirty (30) days after the effective date of
544	544	39 IC 8-1-6.2, as added by this act, a utility shall do the following:
545	545	40 (1) Amend any tariff of the utility that:
546	546	41 (A) is in effect for residential customers of the utility on the
547	547	42 effective date of IC 8-1-6.2, as added by this act; and
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549	549	1 (B) is inconsistent with IC 8-1-6.2, as added by this act;
550	550	2 to conform the tariff with the requirements set forth in
551	551	3 IC 8-1-6.2, as added by this act.
552	552	4 (2) File with the commission a petition for approval of each
553	553	5 tariff amended under subdivision (1).
554	554	6 (e) The commission shall either:
555	555	7 (1) approve an amended tariff filed by a utility under
556	556	8 subsection (d)(2); or
557	557	9 (2) require the utility to make any changes to the utility's
558	558	10 amended tariff necessary to conform the tariff with the
559	559	11 requirements set forth in IC 8-1-6.2, as added by this act, as
560	560	12 determined by the commission;
561	561	13 not later than fourteen (14) days after receipt of the utility's
562	562	14 petition under subsection (d)(2).
563	563	15 (f) This SECTION expires January 1, 2024.
564	564	16 SECTION 7. An emergency is declared for this act.
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