Introduced Version
HOUSE BILL No. 1459
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-2-128.
Synopsis: Water and wastewater utility asset management. Provides
that: (1) water or wastewater utilities that are not under the authority of
the Indiana utility regulatory commission (IURC) for approval of rates
and charges shall annually submit to the Indiana finance authority
(authority) a report detailing the water or wastewater utility's asset
management program; and (2) the authority: (A) shall biennially review
a water or wastewater utility's asset management program for
compliance with the authority's guidelines; and (B) may refer a water
or wastewater utility to the IURC for investigation based on the
authority's review of the water or wastewater utility's asset management
program.
Effective: July 1, 2025.
Pressel
January 21, 2025, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
2025 IN 1459—LS 7314/DI 119 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1459
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-1-2-128 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 128. (a) This section applies to a water or wastewater
4 utility regardless of whether the water or wastewater utility has
5 applied for or received a loan or other financial assistance from the
6 Indiana finance authority under IC 5-1.2-10.
7 (b) The following definitions apply throughout this section:
8 (1) "Authority" refers to the Indiana finance authority
9 established by IC 5-1.2-3-1.
10 (2) "Water or wastewater utility" means:
11 (A) a public utility (as defined in section 1(a) of this
12 chapter);
13 (B) a municipally owned utility (as defined in section 1(h)
14 of this chapter);
15 (C) a not-for-profit utility (as defined in section 125(a) of
16 this chapter);
17 (D) a cooperatively owned corporation;
2025 IN 1459—LS 7314/DI 119 2
1 (E) a conservancy district established under IC 14-33; or
2 (F) a regional water district established under IC 13-26;
3 that provides water or wastewater service to the public in
4 Indiana for a fee and that is not under the jurisdiction of the
5 commission for approval of rates and charges.
6 (c) On or before December 31 of each year, a water or
7 wastewater utility shall submit a report to the authority detailing
8 the water or wastewater utility's asset management program, as
9 defined in the guidelines of the authority under IC 5-1.2-10.
10 (d) The authority shall review each water or wastewater utility's
11 asset management program on a biennial basis to determine the
12 program's sufficiency and to confirm compliance with the
13 authority's guidelines. If the authority determines that a water or
14 wastewater utility's asset management program:
15 (1) does not comply with the authority's guidelines; or
16 (2) is otherwise insufficient to demonstrate that the water or
17 wastewater utility has the technical, managerial, legal, and
18 financial capability to operate and maintain the water or
19 wastewater utility's water or wastewater system;
20 the authority may refer the water or wastewater utility to the
21 commission for investigation under section 69 of this chapter.
2025 IN 1459—LS 7314/DI 119