Indiana 2024 Regular Session

Indiana Senate Bill SB0278 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. 278
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-1-2-121; IC 8-1-6.1.
7	7	Synopsis: Utility disconnections and customer data reports. Provides
8	8	that from June 21 through September 23 (in addition to the period from
9	9	December 1 through March 15, under current law) of any year, an
10	10	electric or gas utility may not terminate residential electric or gas
11	11	service for an individual who is eligible for and has applied for
12	12	assistance from a home energy assistance program administered by the
13	13	lieutenant governor. Amends the same section of the Indiana Code as
14	14	follows: (1) Prohibits an electric, gas, or water utility from terminating
15	15	service for any residential customer of the utility on any of the
16	16	following days: (A) A Friday, Saturday, or Sunday. (B) A legal holiday.
17	17	(C) Any day, or after noon on the day preceding any day, during which
18	18	customer service representatives of the utility are not available to
19	19	respond to inquiries from customers during regular business hours. (2)
20	20	Strikes a provision that authorizes the Indiana utility regulatory
21	21	commission (IURC) to establish a reasonable rate of interest that a
22	22	utility may charge on the unpaid balance of a customer's delinquent
23	23	bill. (3) Prohibits an electric, gas, or water utility from charging or
24	24	collecting any: (A) deposit; (B) reconnection fee; or (C) other similar
25	25	charge; as a condition of, or in connection with, restoring service to a
26	26	residential customer following a termination of service for nonpayment.
27	27	Requires the IURC to amend, not later than May 1, 2024, its
28	28	administrative rules as necessary to conform the rules to these
29	29	provisions. Requires a utility to: (1) amend its residential tariffs as
30	30	necessary to conform the tariffs to these provisions; and (2) file with
31	31	the IURC a petition for approval of each amended tariff; not later than
32	32	June 1, 2024. Beginning in 2025, requires a utility that: (1) is under the
33	33	(Continued next page)
34	34	Effective: Upon passage; July 1, 2024.
35	35	Vinzant
36	36	January 16, 2024, read first time and referred to Committee on Utilities.
37	37	2024 IN 278—LS 6913/DI 101 Digest Continued
38	38	jurisdiction of the IURC for the approval of rates and charges; and (2)
39	39	provides residential electric, natural gas, water, or wastewater utility
40	40	service at retail to customers and low income customers in Indiana; to
41	41	report to the IURC on a quarterly basis certain data concerning
42	42	customer accounts and low income customer accounts. Provides that:
43	43	(1) a utility shall report all required information in the aggregate and
44	44	in a manner that does not identify individual customers and low income
45	45	customers; and (2) the IURC may not require utilities to disclose
46	46	confidential and proprietary business information without adequate
47	47	protection of the information. Requires the IURC to adopt rules to
48	48	implement these provisions. Provides that, beginning in 2026, the
49	49	IURC shall annually compile and summarize the information received
50	50	from utilities for the previous calendar year and include the summary
51	51	in the IURC's annual report.
52	52	2024 IN 278—LS 6913/DI 1012024 IN 278—LS 6913/DI 101 Introduced
53	53	Second Regular Session of the 123rd General Assembly (2024)
54	54	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
55	55	Constitution) is being amended, the text of the existing provision will appear in this style type,
56	56	additions will appear in this style type, and deletions will appear in this style type.
57	57	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
58	58	provision adopted), the text of the new provision will appear in this style type. Also, the
59	59	word NEW will appear in that style type in the introductory clause of each SECTION that adds
60	60	a new provision to the Indiana Code or the Indiana Constitution.
61	61	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
62	62	between statutes enacted by the 2023 Regular Session of the General Assembly.
63	63	SENATE BILL No. 278
64	64	A BILL FOR AN ACT to amend the Indiana Code concerning
65	65	utilities.
66	66	Be it enacted by the General Assembly of the State of Indiana:
67	67	1 SECTION 1. IC 8-1-2-121, AS AMENDED BY P.L.181-2006,
68	68	2 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
69	69	3 UPON PASSAGE]: Sec. 121. (a) Notwithstanding any other provision
70	70	4 of law:
71	71	5 (1) from December 1 through March 15; and
72	72	6 (2) from June 21 through September 23;
73	73	7 of any year, no an electric or gas utility, including a municipally
74	74	8 owned, privately owned, or cooperatively owned utility, shall may not
75	75	9 terminate residential electric or gas service for persons who are eligible
76	76	10 for and have applied for assistance from a heating home energy
77	77	11 assistance program administered under IC 4-4-33. The commission
78	78	12 shall implement procedures to ensure that electric or gas utility service
79	79	13 is continued while eligibility for such persons is being determined.
80	80	14 (b) Notwithstanding any other provision of law, an electric, gas,
81	81	15 or water utility (including a municipally owned, privately owned,
82	82	2024 IN 278—LS 6913/DI 101 2
83	83	1 or cooperatively owned utility) may not terminate residential
84	84	2 electric, gas, or water service for any residential customer of the
85	85	3 utility on any of the following days:
86	86	4 (1) A Friday, Saturday, or Sunday.
87	87	5 (2) A legal holiday (as defined in IC 1-1-9-1).
88	88	6 (3) Any day, or after noon on the day preceding any day,
89	89	7 during which customer service representatives of the utility
90	90	8 are not available to respond to inquiries from customers
91	91	9 during regular business hours.
92	92	10 (b) (c) Any electric or gas utility (including a municipally owned,
93	93	11 privately owned, or cooperatively owned utility) shall provide any
94	94	12 residential customer whose account is delinquent an opportunity to
95	95	13 enter into a reasonable amortization agreement with such company to
96	96	14 pay the delinquent account. Such an amortization agreement must
97	97	15 provide the customer with adequate opportunity to apply for and
98	98	16 receive the benefits of any available public assistance program. An
99	99	17 amortization agreement is subject to amendment on the customer's
100	100	18 request if there is a change in the customer's financial circumstances.
101	101	19 (c) The commission may establish a reasonable rate of interest
102	102	20 which a utility may charge on the unpaid balance of a customer's
103	103	21 delinquent bill that may not exceed the rate established by the
104	104	22 commission under section 34.5 of this chapter.
105	105	23 (d) Notwithstanding any other provision of law, an electric, gas,
106	106	24 or water utility (including a municipally owned, privately owned,
107	107	25 or cooperatively owned utility) may not charge or collect any:
108	108	26 (1) deposit;
109	109	27 (2) reconnection fee; or
110	110	28 (3) other similar charge;
111	111	29 as a condition of, or in connection with, restoring service to a
112	112	30 residential customer following a termination of service for
113	113	31 nonpayment.
114	114	32 (d) (e) The commission shall adopt rules under IC 4-22-2 to carry
115	115	33 out the provisions of this section.
116	116	34 (e) (f) This section does not prohibit an electric or gas utility from
117	117	35 terminating residential utility service upon a request of a customer or
118	118	36 under the following circumstances:
119	119	37 (1) If a condition dangerous or hazardous to life, physical safety,
120	120	38 or property exists.
121	121	39 (2) Upon order by any court, the commission, or other duly
122	122	40 authorized public authority.
123	123	41 (3) If fraudulent or unauthorized use of electricity or gas is
124	124	42 detected and the utility has reasonable grounds to believe the
125	125	2024 IN 278—LS 6913/DI 101 3
126	126	1 affected customer is responsible for such use.
127	127	2 (4) If the utility's regulating or measuring equipment has been
128	128	3 tampered with and the utility has reasonable grounds to believe
129	129	4 that the affected customer is responsible for such tampering.
130	130	5 SECTION 2. IC 8-1-6.1 IS ADDED TO THE INDIANA CODE AS
131	131	6 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
132	132	7 1, 2024]:
133	133	8 Chapter 6.1. Quarterly Residential Customer Reports by
134	134	9 Utilities
135	135	10 Sec. 1. As used in this chapter, "budget billing arrangement"
136	136	11 means a levelized payment arrangement that:
137	137	12 (1) is entered into by a utility and:
138	138	13 (A) a customer; or
139	139	14 (B) a low income customer;
140	140	15 of the utility;
141	141	16 (2) allows the customer or low income customer to pay for
142	142	17 utility service in equal monthly installments; and
143	143	18 (3) involves a reconciliation mechanism in which:
144	144	19 (A) the amount of utility service actually used by the
145	145	20 customer or low income customer during a specified period
146	146	21 is compared with the amount of utility service for which
147	147	22 the customer or low income customer was billed under the
148	148	23 arrangement during the specified period; and
149	149	24 (B) the account of the customer or low income customer is
150	150	25 either billed or credited, as appropriate, for any
151	151	26 discrepancy identified under clause (A).
152	152	27 Sec. 2. As used in this chapter, "customer" refers to a
153	153	28 residential customer who:
154	154	29 (1) has agreed to pay for utility service from a utility; and
155	155	30 (2) is not a low income customer.
156	156	31 Sec. 3. As used in this chapter, "low income customer" refers to
157	157	32 a residential customer who is part of a household that:
158	158	33 (1) has agreed to pay for utility service from a utility; and
159	159	34 (2) satisfies either of the following:
160	160	35 (A) Is eligible for and has applied for assistance from:
161	161	36 (i) a home energy assistance program administered
162	162	37 under IC 4-4-33; or
163	163	38 (ii) a low income household water assistance program
164	164	39 administered by the Indiana housing and community
165	165	40 development authority.
166	166	41 (B) Is eligible for one (1) or more of the following:
167	167	42 (i) The Temporary Assistance for Needy Families
168	168	2024 IN 278—LS 6913/DI 101 4
169	169	1 (TANF) program.
170	170	2 (ii) The federal Supplemental Nutrition Assistance
171	171	3 Program (SNAP).
172	172	4 (iii) The Special Supplemental Nutrition Program for
173	173	5 Women, Infants, and Children (WIC).
174	174	6 (iv) Free or reduced price school meals.
175	175	7 (v) The federal Supplemental Security Income (SSI)
176	176	8 program.
177	177	9 (vi) Medicaid.
178	178	10 (vii) The healthy Indiana plan under IC 12-15-44.5.
179	179	11 (viii) The federal Child Care and Development Fund
180	180	12 (CCDF) grant program or the federal Head Start
181	181	13 program.
182	182	14 (ix) Public housing or housing assistance programs.
183	183	15 (x) Other means tested programs.
184	184	16 Sec. 4. As used in this chapter, "payment plan" means a
185	185	17 payment arrangement that:
186	186	18 (1) is entered into by a utility and:
187	187	19 (A) a customer; or
188	188	20 (B) a low income customer;
189	189	21 of the utility; and
190	190	22 (2) allows the customer or low income customer to:
191	191	23 (A) pay current or past due amounts for utility service in
192	192	24 lower amounts or over an extended period of time, or
193	193	25 according to another agreed upon schedule;
194	194	26 (B) defer the payment of current or past due amounts for
195	195	27 utility service to some future date; or
196	196	28 (C) receive a forbearance with respect to the payment of
197	197	29 certain amounts owed.
198	198	30 Sec. 5. As used in this chapter, "protected account" means an
199	199	31 account that:
200	200	32 (1) is for utility service that:
201	201	33 (A) is provided to a:
202	202	34 (i) customer; or
203	203	35 (ii) low income customer;
204	204	36 who is vulnerable because of advanced age, serious illness,
205	205	37 or disability; and
206	206	38 (B) is not subject to termination or disconnection for
207	207	39 nonpayment or for which termination or disconnection for
208	208	40 nonpayment is restricted during specified periods; or
209	209	41 (2) otherwise qualifies as a protected account under rules
210	210	42 adopted by the commission under section 9 of this chapter.
211	211	2024 IN 278—LS 6913/DI 101 5
212	212	1 Sec. 6. As used in this chapter, "utility" means a utility, however
213	213	2 organized, that:
214	214	3 (1) provides utility service to customers and low income
215	215	4 customers in Indiana; and
216	216	5 (2) is under the jurisdiction of the commission for the
217	217	6 approval of rates and charges.
218	218	7 Sec. 7. As used in this chapter, "utility service" means
219	219	8 residential:
220	220	9 (1) electric;
221	221	10 (2) natural gas;
222	222	11 (3) water; or
223	223	12 (4) wastewater;
224	224	13 service that is provided at retail.
225	225	14 Sec. 8. (a) Beginning in 2025, a utility shall submit to the
226	226	15 commission quarterly reports containing the information set forth
227	227	16 in this subsection with respect to the calendar quarter covered by
228	228	17 the report. The first report required by this subsection must
229	229	18 include the information set forth in this subsection with respect to
230	230	19 the second calendar quarter of 2025. The reports required by this
231	231	20 subsection shall be submitted to the commission at the time and in
232	232	21 the manner and form prescribed by the commission. Each report
233	233	22 must include the following information with respect to customers
234	234	23 (not including low income customers with respect to whom a report
235	235	24 is required under subsection (b)) for the calendar quarter covered
236	236	25 by the report:
237	237	26 (1) The total number of open customer accounts.
238	238	27 (2) The total amount billed by the utility for all open customer
239	239	28 accounts.
240	240	29 (3) The total gross receipts received by the utility for all open
241	241	30 customer accounts.
242	242	31 (4) The total number of open protected accounts for
243	243	32 customers.
244	244	33 (5) The total number of open customer accounts that were
245	245	34 delinquent for at least sixty (60) days and not more than
246	246	35 ninety (90) days.
247	247	36 (6) The total dollar amount owed with respect to the accounts
248	248	37 identified under subdivision (5).
249	249	38 (7) The total number of open customer accounts that were
250	250	39 delinquent for more than ninety (90) days.
251	251	40 (8) The total dollar amount owed with respect to the accounts
252	252	41 identified under subdivision (7).
253	253	42 (9) The total number of customer accounts referred for
254	254	2024 IN 278—LS 6913/DI 101 6
255	255	1 collection to an attorney or a collection agency.
256	256	2 (10) The total number of new payment plans entered into
257	257	3 between the utility and customers of the utility.
258	258	4 (11) The total number of new budget billing arrangements
259	259	5 entered into between the utility and customers of the utility.
260	260	6 (12) The total number of customer accounts sent a notice of
261	261	7 disconnection for nonpayment.
262	262	8 (13) The total number of utility service disconnections
263	263	9 performed for nonpayment.
264	264	10 (14) The total number of utility service restorations after
265	265	11 disconnection for nonpayment.
266	266	12 (15) The average duration of utility service disconnection for
267	267	13 customer accounts identified under subdivision (14).
268	268	14 (16) The total number of customer accounts written off as
269	269	15 uncollectible.
270	270	16 (17) The total dollar value of customer accounts identified
271	271	17 under subdivision (16).
272	272	18 (18) The total dollar value of recovered bad debt with respect
273	273	19 to customer accounts.
274	274	20 (19) Any other relevant information concerning customer
275	275	21 accounts that the commission:
276	276	22 (A) considers appropriate in evaluating:
277	277	23 (i) the payment history of customers; and
278	278	24 (ii) the billing and related practices of utilities with
279	279	25 respect to customers; and
280	280	26 (B) requires under rules adopted under section 9 of this
281	281	27 chapter.
282	282	28 (b) Beginning in 2025, a utility shall submit to the commission
283	283	29 quarterly reports containing the information set forth in this
284	284	30 subsection with respect to the calendar quarter covered by the
285	285	31 report. The first report required by this subsection must include
286	286	32 the information set forth in this subsection with respect to the
287	287	33 second calendar quarter of 2025. The reports required by this
288	288	34 subsection shall be submitted to the commission at the time and in
289	289	35 the manner and form prescribed by the commission. Each report
290	290	36 must include the following information with respect to low income
291	291	37 customers for the calendar quarter covered by the report:
292	292	38 (1) The total number of open low income customer accounts.
293	293	39 (2) The total amount billed by the utility for all open low
294	294	40 income customer accounts.
295	295	41 (3) The total gross receipts received by the utility for all open
296	296	42 low income customer accounts.
297	297	2024 IN 278—LS 6913/DI 101 7
298	298	1 (4) Of the total amount of gross receipts reported under
299	299	2 subdivision (3), the total amount that was paid through:
300	300	3 (A) a home energy assistance program administered under
301	301	4 IC 4-4-33; or
302	302	5 (B) a low income household water assistance program
303	303	6 administered by the Indiana housing and community
304	304	7 development authority.
305	305	8 (5) The total number of low income customers who received
306	306	9 assistance from:
307	307	10 (A) a home energy assistance program administered under
308	308	11 IC 4-4-33; or
309	309	12 (B) a low income household water assistance program
310	310	13 administered by the Indiana housing and community
311	311	14 development authority.
312	312	15 (6) The total number of open protected accounts for low
313	313	16 income customers.
314	314	17 (7) The total number of open low income customer accounts
315	315	18 that were delinquent for at least sixty (60) days and not more
316	316	19 than ninety (90) days.
317	317	20 (8) The total dollar amount owed with respect to the accounts
318	318	21 identified under subdivision (7).
319	319	22 (9) The total number of open low income customer accounts
320	320	23 that were delinquent for more than ninety (90) days.
321	321	24 (10) The total dollar amount owed with respect to the
322	322	25 accounts identified under subdivision (9).
323	323	26 (11) The total number of low income customer accounts
324	324	27 referred for collection to an attorney or a collection agency.
325	325	28 (12) The total number of new payment plans entered into
326	326	29 between the utility and low income customers of the utility.
327	327	30 (13) The total number of new budget billing arrangements
328	328	31 entered into between the utility and low income customers of
329	329	32 the utility.
330	330	33 (14) The total number of low income customer accounts sent
331	331	34 a notice of disconnection for nonpayment.
332	332	35 (15) The total number of utility service disconnections
333	333	36 performed for nonpayment.
334	334	37 (16) The total number of utility service restorations after
335	335	38 disconnection for nonpayment.
336	336	39 (17) The average duration of utility service disconnection for
337	337	40 low income customer accounts identified under subdivision
338	338	41 (16).
339	339	42 (18) The total number of low income customer accounts
340	340	2024 IN 278—LS 6913/DI 101 8
341	341	1 written off as uncollectible.
342	342	2 (19) The total dollar value of low income customer accounts
343	343	3 identified under subdivision (18).
344	344	4 (20) The total dollar value of recovered bad debt with respect
345	345	5 to low income customer accounts.
346	346	6 (21) Any other relevant information concerning low income
347	347	7 customer accounts that the commission:
348	348	8 (A) considers appropriate in evaluating:
349	349	9 (i) the payment history of low income customers; and
350	350	10 (ii) the billing and related practices of utilities with
351	351	11 respect to low income customers; and
352	352	12 (B) requires under rules adopted under section 9 of this
353	353	13 chapter.
354	354	14 (c) A utility may report the information and data required
355	355	15 under subsections (a) and (b) at the same time and on the same
356	356	16 form, if so prescribed by the commission in rules adopted under
357	357	17 section 9 of this chapter.
358	358	18 (d) A utility shall report all information and data required
359	359	19 under subsections (a) and (b) in the aggregate and in a manner that
360	360	20 does not identify individual customers and low income customers
361	361	21 of the utility.
362	362	22 (e) This section does not empower the commission to require
363	363	23 utilities to disclose confidential and proprietary business
364	364	24 information without adequate protection of the information. The
365	365	25 commission shall exercise all necessary caution to avoid disclosure
366	366	26 of any confidential information reported by utilities under this
367	367	27 section.
368	368	28 Sec. 9. The commission shall adopt rules under IC 4-22-2 to
369	369	29 implement this chapter.
370	370	30 Sec. 10. Beginning in 2026, the commission shall annually
371	371	31 compile and summarize the information received from utilities
372	372	32 under section 8 of this chapter for the previous calendar year and
373	373	33 include the commission's summary of the information in the
374	374	34 commission's annual report under IC 8-1-1-14.
375	375	35 SECTION 3. [EFFECTIVE UPON PASSAGE] (a) As used in this
376	376	36 SECTION, "commission" refers to the Indiana utility regulatory
377	377	37 commission created by IC 8-1-1-2.
378	378	38 (b) As used in this SECTION, "utility" means an electric, gas,
379	379	39 or water utility, including a municipally owned, privately owned,
380	380	40 or cooperatively owned utility, subject to IC 8-1-2-121, as amended
381	381	41 by this act.
382	382	42 (c) Not later than May 1, 2024, the commission shall amend the
383	383	2024 IN 278—LS 6913/DI 101 9
384	384	1 following rules of the commission as necessary to conform the rules
385	385	2 with IC 8-1-2-121, as amended by this act:
386	386	3 (1) 170 IAC 4.
387	387	4 (2) 170 IAC 5.
388	388	5 (3) 170 IAC 6.
389	389	6 (4) Any other rule that:
390	390	7 (A) has been adopted by the commission; and
391	391	8 (B) is inconsistent with IC 8-1-2-121, as amended by this
392	392	9 act.
393	393	10 (d) Not later than June 1, 2024, a utility shall do the following:
394	394	11 (1) Amend any tariff of the utility that:
395	395	12 (A) is in effect on March 14, 2024, for residential
396	396	13 customers of the utility; and
397	397	14 (B) is inconsistent with IC 8-1-2-121, as amended by this
398	398	15 act;
399	399	16 to conform the tariff with IC 8-1-2-121, as amended by this
400	400	17 act.
401	401	18 (2) File with the commission a petition for approval of each
402	402	19 tariff amended under subdivision (1).
403	403	20 (e) The commission shall either:
404	404	21 (1) approve an amended tariff filed by a utility under
405	405	22 subsection (d)(2); or
406	406	23 (2) require the utility to make any changes to the utility's
407	407	24 amended tariff necessary to conform the tariff with
408	408	25 IC 8-1-2-121, as amended by this act, as determined by the
409	409	26 commission;
410	410	27 not later than fourteen (14) days after receipt of the utility's
411	411	28 petition under subsection (d)(2).
412	412	29 (f) This SECTION expires January 1, 2025.
413	413	30 SECTION 4. An emergency is declared for this act.
414	414	2024 IN 278—LS 6913/DI 101