Indiana 2024 Regular Session

Indiana Senate Bill SB0247 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0247.1
	2	+	February 13, 2024
	3	+	ENGROSSED
	4	+	SENATE BILL No. 247
	5	+	_____
	6	+	DIGEST OF SB 247 (Updated February 13, 2024 1:18 pm - DI 101)
	7	+	Citations Affected: IC 8-1; IC 8-1.5.
	8	+	Synopsis: Water and wastewater utility infrastructure. Amends the
	9	+	statute concerning the acquisition by a utility company of a water or
	10	+	wastewater utility to provide that if: (1) the appraised value of the
	11	+	utility property to be acquired does not exceed $3,000,000; and (2) the
	12	+	purchase price for the utility property is less than the appraised value
	13	+	of the utility property; the acquiring utility company may submit to the
	14	+	Indiana utility regulatory agency (IURC) a filing under a procedure,
	15	+	based on the procedures set forth in the IURC's rules governing 30 day
	16	+	(Continued next page)
	17	+	Effective: Upon passage; July 1, 2024.
	18	+	Koch, Leising, Charbonneau,
	19	+	Randolph Lonnie M
	20	+	(HOUSE SPONSOR — SOLIDAY)
	21	+	January 10, 2024, read first time and referred to Committee on Utilities.
	22	+	January 25, 2024, amended, reported favorably — Do Pass.
	23	+	January 29, 2024, read second time, amended, ordered engrossed.
	24	+	January 30, 2024, engrossed. Read third time, passed. Yeas 48, nays 1.
	25	+	HOUSE ACTION
	26	+	February 6, 2024, read first time and referred to Committee on Utilities, Energy and
	27	+	Telecommunications.
	28	+	February 13, 2024, amended, reported — Do Pass.
	29	+	ES 247—LS 6951/DI 101 Digest Continued
	30	+	administrative filings, to include in the acquiring utility company's rate
	31	+	base specified costs associated with the acquisition. Sets forth certain
	32	+	information that must be included in an acquiring utility company's
	33	+	filing. Provides that if the IURC approves an acquiring utility
	34	+	company's filing, the IURC: (1) may only authorize that: (A) the full
	35	+	purchase price; and (B) estimated: (i) incidental expenses; and (ii)
	36	+	other costs of acquisition; be recorded as the acquiring utility
	37	+	company's net original cost of acquisition; and (2) shall provide that
	38	+	any estimated: (i) incidental expenses; and (ii) other costs of the
	39	+	acquisition; are subject to a reasonableness review as part of the
	40	+	acquiring utility company's next base rate case. Adds language
	41	+	specifying that the Indiana Code chapter that governs the transfer,
	42	+	acquisition, and improvement of utilities by municipalities applies to
	43	+	a municipally owned natural gas utility (in addition to a municipally
	44	+	owned electric, water, wastewater, or combined water and wastewater
	45	+	utility).
	46	+	ES 247—LS 6951/DI 101ES 247—LS 6951/DI 101 February 13, 2024
1	47		Second Regular Session of the 123rd General Assembly (2024)
2	48		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	49		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	50		additions will appear in this style type, and deletions will appear in this style type.
5	51		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	52		provision adopted), the text of the new provision will appear in this style type. Also, the
7	53		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	54		a new provision to the Indiana Code or the Indiana Constitution.
9	55		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	56		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 247
12		-	AN ACT to amend the Indiana Code concerning utilities.
	57	+	ENGROSSED
	58	+	SENATE BILL No. 247
	59	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	60	+	utilities.
13	61		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 8-1-30.3-5, AS AMENDED BY P.L.61-2022,
15		-	SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	JULY 1, 2024]: Sec. 5. (a) Except as provided in section 6.6 of this
17		-	chapter, this section applies if:
18		-	(1) a utility company acquires property from an offered utility in
19		-	a transaction involving a willing buyer and a willing seller; and
20		-	(2) at least one (1) utility company described in subdivision (1) is
21		-	subject to the jurisdiction of the commission under this article.
22		-	(b) Subject to subsection (c), there is a rebuttable presumption that
23		-	a cost differential is reasonable.
24		-	(c) If the acquisition:
25		-	(1) is made under IC 8-1.5-2-6.1, and to the extent the purchase
26		-	price does not exceed the appraised value as determined under
27		-	IC 8-1.5-2-5; or
28		-	(2) is not made under IC 8-1.5-2-6.1, and to the extent the
29		-	purchase price does not exceed the appraised value as determined
30		-	under section 5.5 of this chapter;
31		-	the purchase price is considered reasonable for purposes of subsection
32		-	(d) and any resulting cost differential is considered reasonable.
33		-	(d) Before closing on the acquisition, the utility company that
34		-	acquires the utility property may petition the commission to include
35		-	any cost differential as part of its rate base in future rate cases. The
36		-	SEA 247 — Concur 2
37		-	commission shall approve the petition if the commission finds the
38		-	following:
39		-	(1) The utility property is used and useful to the offered utility in
40		-	providing water service, wastewater service, or both water and
41		-	wastewater service.
42		-	(2) The offered utility is too small to capture economies of scale
43		-	or has failed to furnish or maintain adequate, efficient, safe, and
44		-	reasonable service and facilities.
45		-	(3) The utility company will improve economies of scale or, if
46		-	otherwise needed, make reasonable and prudent improvements to
47		-	the offered utility's plant, the offered utility's operations, or both,
48		-	so that customers of the offered utility will receive adequate,
49		-	efficient, safe, and reasonable service.
50		-	(4) The acquisition of the utility property is the result of a mutual
51		-	agreement made at arms length.
52		-	(5) The actual purchase price of the utility property is reasonable.
53		-	(6) The utility company and the offered utility are not affiliated
54		-	and share no ownership interests.
55		-	(7) The rates charged by the utility company will not increase
56		-	unreasonably in future general rate cases solely as a result of
57		-	acquiring the utility property from the offered utility. For purposes
58		-	of this subdivision, the rates and charges will not increase
59		-	unreasonably in future general rate cases so long as the net
60		-	original cost proposed to be recorded under subsection (f) is not
61		-	greater than two percent (2%) of the acquiring utility's net original
62		-	cost rate base as determined in the acquiring utility's most recent
63		-	general rate case, plus any adjustments to the rate base under
64		-	IC 8-1-31 and IC 8-1-31.7 that have occurred after the rate case.
65		-	If the amount proposed to be recorded under subsection (f) is
66		-	greater than two percent (2%) of the acquiring utility's net original
67		-	cost rate base as determined in the acquiring utility's most recent
68		-	general rate case, plus any adjustments to the rate base under
69		-	IC 8-1-31 and IC 8-1-31.7 that have occurred after the rate case,
70		-	the commission shall proceed to determine whether the rates
71		-	charged by the utility company will increase unreasonably in
72		-	future general rate cases solely as a result of acquiring the utility
73		-	property from the offered utility and, in making the determination,
74		-	may consider evidence of:
75		-	(A) the anticipated dollar value increase; and
76		-	(B) the increase as a percentage of the average bill.
77		-	(8) The cost differential will be added to the utility company's rate
78		-	base to be amortized as an addition to expense over a reasonable
79		-	SEA 247 — Concur 3
80		-	time with corresponding reductions in the rate base.
81		-	(e) In connection with its petition under subsection (d), the
82		-	acquiring utility company shall provide the following:
83		-	(1) Notice to customers of the acquiring utility company that a
84		-	petition has been filed with the commission under this chapter.
85		-	The notice provided under this subdivision must include the cause
86		-	number assigned to the petition. Notice under this subdivision
87		-	may be provided to customers in a billing insert.
88		-	(2) Notice to the office of the utility consumer counselor.
89		-	(3) A statement of known infrastructure, environmental, or other
90		-	issues affecting the offered utility, and the process for
91		-	determining reasonable and prudent improvements upon
92		-	completing the acquisition.
93		-	(f) In a proceeding under subsection (d), the commission shall issue
94		-	its final order not later than two hundred ten (210) days after the filing
95		-	of the petitioner's case in chief. If the commission grants the petition,
96		-	the commission's order shall authorize the acquiring utility company to
97		-	make accounting entries recording the acquisition and that reflect:
98		-	(1) the full purchase price;
99		-	(2) incidental expenses; and
100		-	(3) other costs of acquisition;
101		-	as the net original cost of the utility plant in service assets being
102		-	acquired, allocated in a reasonable manner among appropriate utility
103		-	plant in service accounts.
104		-	SECTION 2. IC 8-1-30.3-6.6 IS ADDED TO THE INDIANA
105		-	CODE AS A NEW SECTION TO READ AS FOLLOWS
106		-	[EFFECTIVE JULY 1, 2024]: Sec. 6.6. (a) This section does not
107		-	apply to a petition that is filed with the commission under section
108		-	5 of this chapter before July 1, 2024.
109		-	(b) Subject to subsection (d) and notwithstanding any other law
110		-	or any rule of the commission, including 170 IAC 1-6-1(b), if:
111		-	(1) the appraised value of the utility property to be acquired,
112		-	as determined under:
113		-	(A) section 5.5 of this chapter; or
114		-	(B) IC 8-1.5-2-5;
115		-	as applicable, does not exceed three million dollars
116		-	($3,000,000); and
117		-	(2) the purchase price for the utility property is less than the
118		-	appraised value;
119		-	a utility company seeking to acquire the utility property of an
120		-	offered utility is not required to file a petition under section 5 of
121		-	this chapter, and may instead submit to the commission a filing to
122		-	SEA 247 — Concur 4
123		-	obtain the relief set forth in section 5 of this chapter under the
124		-	procedures set forth in 170 IAC 1-6, as modified by this section.
125		-	(c) A filing authorized under subsection (b) must include the
126		-	following:
127		-	(1) A copy of the purchase agreement entered into between
128		-	the acquiring utility company and the offered utility.
129		-	(2) A copy of the journal entry reflecting the accounting
130		-	entries recording the acquisition in accordance with section
131		-	5(f) of this chapter.
132		-	(3) A copy of the appraisal of the utility property under:
133		-	(A) section 5.5 of this chapter; or
134		-	(B) IC 8-1.5-2-5;
135		-	as applicable.
136		-	(4) A statement of known infrastructure, environmental, or
	62	+	1 SECTION 1. IC 8-1-30.3-5, AS AMENDED BY P.L.61-2022,
	63	+	2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	64	+	3 JULY 1, 2024]: Sec. 5. (a) Except as provided in section 6.6 of this
	65	+	4 chapter, this section applies if:
	66	+	5 (1) a utility company acquires property from an offered utility in
	67	+	6 a transaction involving a willing buyer and a willing seller; and
	68	+	7 (2) at least one (1) utility company described in subdivision (1) is
	69	+	8 subject to the jurisdiction of the commission under this article.
	70	+	9 (b) Subject to subsection (c), there is a rebuttable presumption that
	71	+	10 a cost differential is reasonable.
	72	+	11 (c) If the acquisition:
	73	+	12 (1) is made under IC 8-1.5-2-6.1, and to the extent the purchase
	74	+	13 price does not exceed the appraised value as determined under
	75	+	14 IC 8-1.5-2-5; or
	76	+	15 (2) is not made under IC 8-1.5-2-6.1, and to the extent the
	77	+	16 purchase price does not exceed the appraised value as determined
	78	+	17 under section 5.5 of this chapter;
	79	+	ES 247—LS 6951/DI 101 2
	80	+	1 the purchase price is considered reasonable for purposes of subsection
	81	+	2 (d) and any resulting cost differential is considered reasonable.
	82	+	3 (d) Before closing on the acquisition, the utility company that
	83	+	4 acquires the utility property may petition the commission to include
	84	+	5 any cost differential as part of its rate base in future rate cases. The
	85	+	6 commission shall approve the petition if the commission finds the
	86	+	7 following:
	87	+	8 (1) The utility property is used and useful to the offered utility in
	88	+	9 providing water service, wastewater service, or both water and
	89	+	10 wastewater service.
	90	+	11 (2) The offered utility is too small to capture economies of scale
	91	+	12 or has failed to furnish or maintain adequate, efficient, safe, and
	92	+	13 reasonable service and facilities.
	93	+	14 (3) The utility company will improve economies of scale or, if
	94	+	15 otherwise needed, make reasonable and prudent improvements to
	95	+	16 the offered utility's plant, the offered utility's operations, or both,
	96	+	17 so that customers of the offered utility will receive adequate,
	97	+	18 efficient, safe, and reasonable service.
	98	+	19 (4) The acquisition of the utility property is the result of a mutual
	99	+	20 agreement made at arms length.
	100	+	21 (5) The actual purchase price of the utility property is reasonable.
	101	+	22 (6) The utility company and the offered utility are not affiliated
	102	+	23 and share no ownership interests.
	103	+	24 (7) The rates charged by the utility company will not increase
	104	+	25 unreasonably in future general rate cases solely as a result of
	105	+	26 acquiring the utility property from the offered utility. For purposes
	106	+	27 of this subdivision, the rates and charges will not increase
	107	+	28 unreasonably in future general rate cases so long as the net
	108	+	29 original cost proposed to be recorded under subsection (f) is not
	109	+	30 greater than two percent (2%) of the acquiring utility's net original
	110	+	31 cost rate base as determined in the acquiring utility's most recent
	111	+	32 general rate case, plus any adjustments to the rate base under
	112	+	33 IC 8-1-31 and IC 8-1-31.7 that have occurred after the rate case.
	113	+	34 If the amount proposed to be recorded under subsection (f) is
	114	+	35 greater than two percent (2%) of the acquiring utility's net original
	115	+	36 cost rate base as determined in the acquiring utility's most recent
	116	+	37 general rate case, plus any adjustments to the rate base under
	117	+	38 IC 8-1-31 and IC 8-1-31.7 that have occurred after the rate case,
	118	+	39 the commission shall proceed to determine whether the rates
	119	+	40 charged by the utility company will increase unreasonably in
	120	+	41 future general rate cases solely as a result of acquiring the utility
	121	+	42 property from the offered utility and, in making the determination,
	122	+	ES 247—LS 6951/DI 101 3
	123	+	1 may consider evidence of:
	124	+	2 (A) the anticipated dollar value increase; and
	125	+	3 (B) the increase as a percentage of the average bill.
	126	+	4 (8) The cost differential will be added to the utility company's rate
	127	+	5 base to be amortized as an addition to expense over a reasonable
	128	+	6 time with corresponding reductions in the rate base.
	129	+	7 (e) In connection with its petition under subsection (d), the
	130	+	8 acquiring utility company shall provide the following:
	131	+	9 (1) Notice to customers of the acquiring utility company that a
	132	+	10 petition has been filed with the commission under this chapter.
	133	+	11 The notice provided under this subdivision must include the cause
	134	+	12 number assigned to the petition. Notice under this subdivision
	135	+	13 may be provided to customers in a billing insert.
	136	+	14 (2) Notice to the office of the utility consumer counselor.
	137	+	15 (3) A statement of known infrastructure, environmental, or other
	138	+	16 issues affecting the offered utility, and the process for
	139	+	17 determining reasonable and prudent improvements upon
	140	+	18 completing the acquisition.
	141	+	19 (f) In a proceeding under subsection (d), the commission shall issue
	142	+	20 its final order not later than two hundred ten (210) days after the filing
	143	+	21 of the petitioner's case in chief. If the commission grants the petition,
	144	+	22 the commission's order shall authorize the acquiring utility company to
	145	+	23 make accounting entries recording the acquisition and that reflect:
	146	+	24 (1) the full purchase price;
	147	+	25 (2) incidental expenses; and
	148	+	26 (3) other costs of acquisition;
	149	+	27 as the net original cost of the utility plant in service assets being
	150	+	28 acquired, allocated in a reasonable manner among appropriate utility
	151	+	29 plant in service accounts.
	152	+	30 SECTION 2. IC 8-1-30.3-6.6 IS ADDED TO THE INDIANA
	153	+	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
	154	+	32 [EFFECTIVE JULY 1, 2024]: Sec. 6.6. (a) This section does not
	155	+	33 apply to a petition that is filed with the commission under section
	156	+	34 5 of this chapter before July 1, 2024.
	157	+	35 (b) Subject to subsection (d) and notwithstanding any other law
	158	+	36 or any rule of the commission, including 170 IAC 1-6-1(b), if:
	159	+	37 (1) the appraised value of the utility property to be acquired,
	160	+	38 as determined under:
	161	+	39 (A) section 5.5 of this chapter; or
	162	+	40 (B) IC 8-1.5-2-5;
	163	+	41 as applicable, does not exceed three million dollars
	164	+	42 ($3,000,000); and
	165	+	ES 247—LS 6951/DI 101 4
	166	+	1 (2) the purchase price for the utility property is less than the
	167	+	2 appraised value;
	168	+	3 a utility company seeking to acquire the utility property of an
	169	+	4 offered utility is not required to file a petition under section 5 of
	170	+	5 this chapter, and may instead submit to the commission a filing to
	171	+	6 obtain the relief set forth in section 5 of this chapter under the
	172	+	7 procedures set forth in 170 IAC 1-6, as modified by this section.
	173	+	8 (c) A filing authorized under subsection (b) must include the
	174	+	9 following:
	175	+	10 (1) A copy of the purchase agreement entered into between
	176	+	11 the acquiring utility company and the offered utility.
	177	+	12 (2) A copy of the journal entry reflecting the accounting
	178	+	13 entries recording the acquisition in accordance with section
	179	+	14 5(f) of this chapter.
	180	+	15 (3) A copy of the appraisal of the utility property under:
	181	+	16 (A) section 5.5 of this chapter; or
	182	+	17 (B) IC 8-1.5-2-5;
	183	+	18 as applicable.
	184	+	19 (4) A statement of known infrastructure, environmental, or
	185	+	20 other issues affecting the offered utility, and the process for
	186	+	21 determining reasonable and prudent improvements upon
	187	+	22 completing the acquisition.
	188	+	23 (5) Any other information required to be submitted under the
	189	+	24 procedures set forth in 170 IAC 1-6, as modified by this
	190	+	25 section.
	191	+	26 (d) In an order approving a filing submitted under this section,
	192	+	27 the commission:
	193	+	28 (1) may only authorize the acquiring utility company to make
	194	+	29 accounting entries recording the acquisition that reflect:
	195	+	30 (A) the full purchase price, as set forth in section 5(f)(1) of
	196	+	31 this chapter; and
	197	+	32 (B) the estimated:
	198	+	33 (i) incidental expenses, as set forth in section 5(f)(2) of
	199	+	34 this chapter; and
	200	+	35 (ii) other costs of acquisition, as set forth in section
	201	+	36 5(f)(3) of this chapter;
	202	+	37 as the net original cost of the utility plant in service assets
	203	+	38 being acquired; and
	204	+	39 (2) shall provide that any:
	205	+	40 (A) estimated incidental expenses, as set forth in section
	206	+	41 5(f)(2) of this chapter; or
	207	+	42 (B) other estimated costs of acquisition, as set forth in
	208	+	ES 247—LS 6951/DI 101 5
	209	+	1 section 5(f)(3) of this chapter;
	210	+	2 are subject to a reasonableness review as part of the acquiring
	211	+	3 utility company's next base rate case.
	212	+	4 SECTION 3. IC 8-1.5-2-2, AS AMENDED BY P.L.120-2021,
	213	+	5 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	214	+	6 UPON PASSAGE]: Sec. 2. (a) This chapter does not apply to utilities
	215	+	7 governed by:
	216	+	8 (1) IC 8-1-13; or
	217	+	9 (2) IC 8-1-2 except for a municipally owned electric, natural gas,
	218	+	10 water, wastewater, or combined water and wastewater utility.
	219	+	11 (b) The law relating to acquisition of electric utility property and to
	220	+	12 electricity suppliers' service area assignments shall be governed by
	221	+	13 IC 8-1-2.3 and IC 8-1-2-95.1, and nothing in this chapter modifies or
	222	+	14 abridges those provisions.
	223	+	15 SECTION 4. An emergency is declared for this act.
	224	+	ES 247—LS 6951/DI 101 6
	225	+	COMMITTEE REPORT
	226	+	Madam President: The Senate Committee on Utilities, to which was
	227	+	referred Senate Bill No. 247, has had the same under consideration and
	228	+	begs leave to report the same back to the Senate with the
	229	+	recommendation that said bill be AMENDED as follows:
	230	+	Page 3, line 35, delete "Notwithstanding" and insert "Subject to
	231	+	subsection (d) and notwithstanding".
	232	+	Page 3, line 36, after "commission," insert "including 170
	233	+	IAC 1-6-1(b),".
	234	+	Page 4, line 5, delete "thirty" and insert "petition to obtain the
	235	+	relief set forth in section 5 of this chapter under the procedures set
	236	+	forth in 170 IAC 1-6, as modified by this section.".
	237	+	Page 4, delete lines 6 through 7.
	238	+	Page 4, line 8, delete "thirty (30) day administrative filing" and
	239	+	insert "petition".
	240	+	Page 4, between lines 18 and 19, begin a new line block indented
	241	+	and insert:
	242	+	"(4) A statement of known infrastructure, environmental, or
137	243		other issues affecting the offered utility, and the process for
138	244		determining reasonable and prudent improvements upon
139		-	completing the acquisition.
140		-	(5) ~~Any other information required to be submitted under the~~
141		-	procedures set ~~forth in 170 IAC 1-6, as modified by this~~
142		-	section.
143		-	(d) In an order approving a ~~filing submitted~~ under this section,
144		-	~~the~~ commission:
	245	+	completing the acquisition.".
	246	+	Page 4, line 19, delete "(4)" and insert "(5)".
	247	+	Page 4, line 19, delete "in" and insert "under the procedures set
	248	+	forth in 170 IAC 1-6, as modified by this section.
	249	+	(d) In an order approving a petition filed under this section, the
	250	+	commission:
145	251		(1) may only authorize the acquiring utility company to make
146		-	accounting entries recording the acquisition that ~~reflect~~:
147		-	(A) the full purchase price, as set forth in section ~~5(f)(1) of~~
148		-	this chapter; and
149		-	(B) ~~the estimated~~:
	252	+	accounting entries recording the acquisition that:
	253	+	(A) reflect the full purchase price, as set forth in section
	254	+	5(f)(1) of this chapter; and
	255	+	(B) do not include:
150	256		(i) incidental expenses, as set forth in section 5(f)(2) of
151		-	this chapter; ~~and~~
	257	+	this chapter; or
152	258		(ii) other costs of acquisition, as set forth in section
153	259		5(f)(3) of this chapter;
154	260		as the net original cost of the utility plant in service assets
155	261		being acquired; and
156	262		(2) shall provide that any:
157		-	(A) estimated incidental expenses, as set forth in section
158		-	5(f)(2) of this chapter; or
159		-	(B) other estimated costs of acquisition, as set forth in
160		-	section 5(f)(3) of this chapter;
	263	+	(A) incidental expenses, as set forth in section 5(f)(2) of this
	264	+	chapter; or
	265	+	(B) other costs of acquisition, as set forth in section 5(f)(3)
	266	+	of this chapter;
	267	+	ES 247—LS 6951/DI 101 7
161	268		are subject to a reasonableness review as part of the acquiring
162		-	utility company's next base rate case.
163		-	SECTION 3. IC 8-1.5-2-2, AS AMENDED BY P.L.120-2021,
	269	+	utility company's next base rate case.".
	270	+	Page 4, delete lines 20 through 21, begin a new paragraph and
	271	+	insert:
	272	+	"SECTION 3. IC 8-1.5-2-2, AS AMENDED BY P.L.120-2021,
164	273		SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
165		-	SEA 247 — Concur 5
166		-	UPON PASSAGE]: Sec. 2. (a) This chapter does not apply to utilities
	274	+	UPON PASSAGE]: Sec]. 2. (a) This chapter does not apply to utilities
167	275		governed by:
168	276		(1) IC 8-1-13; or
169	277		(2) IC 8-1-2 except for a municipally owned electric, natural gas,
170	278		water, wastewater, or combined water and wastewater utility.
171	279		(b) The law relating to acquisition of electric utility property and to
172	280		electricity suppliers' service area assignments shall be governed by
173	281		IC 8-1-2.3 and IC 8-1-2-95.1, and nothing in this chapter modifies or
174	282		abridges those provisions.
175		-	SECTION 4. An emergency is declared for this act.
176		-	SEA 247 — Concur President of the Senate
177		-	President Pro Tempore
178		-	Speaker of the House of Representatives
179		-	Governor of the State of Indiana
180		-	Date: Time:
181		-	SEA 247 — Concur
	283	+	SECTION 4. An emergency is declared for this act.".
	284	+	Renumber all SECTIONS consecutively.
	285	+	and when so amended that said bill do pass.
	286	+	(Reference is to SB 247 as introduced.)
	287	+	KOCH, Chairperson
	288	+	Committee Vote: Yeas 9, Nays 0.
	289	+	_____
	290	+	SENATE MOTION
	291	+	Madam President: I move that Senate Bill 247 be amended to read
	292	+	as follows:
	293	+	Page 4, line 5, delete "petition" and insert "filing".
	294	+	Page 4, line 8, delete "petition" and insert "filing".
	295	+	Page 4, line 26, delete "petition filed" and insert "filing submitted".
	296	+	Page 4, line 29, delete "that:" and insert "that reflect:".
	297	+	Page 4, line 30, delete "reflect".
	298	+	Page 4, line 32, delete "do not include:" and insert "the estimated:".
	299	+	Page 4, line 34, delete "or" and insert "and".
	300	+	Page 4, line 40, after "(A)" insert "estimated".
	301	+	Page 4, line 42, after "other" insert "estimated".
	302	+	(Reference is to SB 247 as printed January 26, 2024.)
	303	+	KOCH
	304	+	ES 247—LS 6951/DI 101 8
	305	+	COMMITTEE REPORT
	306	+	Mr. Speaker: Your Committee on Utilities, Energy and
	307	+	Telecommunications, to which was referred Senate Bill 247, has had
	308	+	the same under consideration and begs leave to report the same back
	309	+	to the House with the recommendation that said bill be amended as
	310	+	follows:
	311	+	Page 5, line 6, delete "Sec]." and insert "Sec.".
	312	+	and when so amended that said bill do pass.
	313	+	(Reference is to SB 247 as reprinted January 30, 2024.)
	314	+	SOLIDAY
	315	+	Committee Vote: yeas 10, nays 0.
	316	+	ES 247—LS 6951/DI 101