Introduced Version
SENATE BILL No. 97
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1.
Synopsis: Utility disconnections and customer data reports. Beginning
January 1, 2026, provides that from June 21 through September 23 (in
addition to the period from December 1 through March 15, under
current law) of any year, an electric or gas utility may not terminate
residential electric or gas service for an individual who is eligible for
and has applied for assistance from a home energy assistance program
administered by the lieutenant governor. Amends the same section of
the Indiana Code as follows: (1) Prohibits an electric, gas, or water
utility from terminating service for any residential customer on any of
the following days: (A) A Friday, Saturday, or Sunday. (B) A legal
holiday. (C) Any day, or after noon on the day preceding any day,
during which customer service representatives of the utility are not
available to respond to customer inquiries during regular business
hours. (2) Strikes a provision that authorizes the Indiana utility
regulatory commission (IURC) to establish a reasonable rate of interest
that a utility may charge on the unpaid balance of a delinquent
customer bill. (3) Prohibits an electric, gas, or water utility from
charging or collecting a deposit or reconnection fee as a condition of,
or in connection with, restoring service to a residential customer after
a termination of service for nonpayment. Requires the IURC to amend,
not later than December 31, 2025, its administrative rules as necessary
to conform the rules to these provisions. Requires a utility to: (1)
amend its residential tariffs as necessary to conform the tariffs to these
provisions; and (2) file with the IURC a petition for approval of each
amended tariff; not later than June 15, 2025. Requires a utility that: (1)
is under the jurisdiction of the IURC for the approval of rates and
(Continued next page)
Effective: Upon passage; July 1, 2025; January 1, 2026.
Jackson L
January 8, 2025, read first time and referred to Committee on Utilities.
2025 IN 97—LS 6452/DI 101 Digest Continued
charges; and (2) provides residential electric, natural gas, water, or
wastewater utility service at retail to customers and low income
customers in Indiana; to report to the IURC on a quarterly basis certain
data concerning customer accounts and low income customer accounts.
Provides that the first reports submitted to the IURC must include the
required information with respect to the third calendar quarter of 2025.
Provides that: (1) a utility shall report all required information in the
aggregate and in a manner that does not identify individual customers
and low income customers; and (2) the IURC may not require utilities
to disclose confidential and proprietary business information without
adequate protection of the information. Requires the IURC to adopt
rules to implement these provisions. Provides that, beginning in 2026,
the IURC shall annually compile and summarize the information
received from utilities for the previous calendar year and include the
summary in the IURC's annual report.
2025 IN 97—LS 6452/DI 1012025 IN 97—LS 6452/DI 101 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,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
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.
SENATE BILL No. 97
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 8-1-2-121, AS AMENDED BY P.L.181-2006,
2 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JANUARY 1, 2026]: Sec. 121. (a) Notwithstanding any other provision
4 of law:
5 (1) from December 1 through March 15; and
6 (2) from June 21 through September 23;
7 of any year, no an electric or gas utility, including a municipally
8 owned, privately owned, or cooperatively owned utility, shall may not
9 terminate residential electric or gas service for persons who are eligible
10 for and have applied for assistance from a heating home energy
11 assistance program administered under IC 4-4-33. The commission
12 shall implement procedures to ensure that electric or gas utility service
13 is continued while eligibility for such persons is being determined.
14 (b) Notwithstanding any other provision of law, an electric, gas,
15 or water utility (including a municipally owned, privately owned,
2025 IN 97—LS 6452/DI 101 2
1 or cooperatively owned utility) may not terminate residential
2 electric, gas, or water service for any residential customer of the
3 utility on any of the following days:
4 (1) A Friday, Saturday, or Sunday.
5 (2) A legal holiday (as defined in IC 1-1-9-1).
6 (3) Any day, or after noon on the day preceding any day,
7 during which customer service representatives of the utility
8 are not available to respond to inquiries from customers
9 during regular business hours.
10 (b) (c) Any electric or gas utility (including a municipally owned,
11 privately owned, or cooperatively owned utility) shall provide any
12 residential customer whose account is delinquent an opportunity to
13 enter into a reasonable amortization agreement with such company to
14 pay the delinquent account. Such an amortization agreement must
15 provide the customer with adequate opportunity to apply for and
16 receive the benefits of any available public assistance program. An
17 amortization agreement is subject to amendment on the customer's
18 request if there is a change in the customer's financial circumstances.
19 (c) The commission may establish a reasonable rate of interest
20 which a utility may charge on the unpaid balance of a customer's
21 delinquent bill that may not exceed the rate established by the
22 commission under section 34.5 of this chapter.
23 (d) Notwithstanding any other provision of law, an electric, gas,
24 or water utility (including a municipally owned, privately owned,
25 or cooperatively owned utility) may not charge or collect any:
26 (1) deposit;
27 (2) reconnection fee; or
28 (3) other similar charge;
29 as a condition of, or in connection with, restoring service to a
30 residential customer following a termination of service for
31 nonpayment.
32 (d) (e) The commission shall adopt rules under IC 4-22-2 to carry
33 out the provisions of this section.
34 (e) (f) This section does not prohibit an electric or gas utility from
35 terminating residential utility service upon a request of a customer or
36 under the following circumstances:
37 (1) If a condition dangerous or hazardous to life, physical safety,
38 or property exists.
39 (2) Upon order by any court, the commission, or other duly
40 authorized public authority.
41 (3) If fraudulent or unauthorized use of electricity or gas is
42 detected and the utility has reasonable grounds to believe the
2025 IN 97—LS 6452/DI 101 3
1 affected customer is responsible for such use.
2 (4) If the utility's regulating or measuring equipment has been
3 tampered with and the utility has reasonable grounds to believe
4 that the affected customer is responsible for such tampering.
5 SECTION 2. IC 8-1-6.1 IS ADDED TO THE INDIANA CODE AS
6 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2025]:
8 Chapter 6.1. Quarterly Residential Customer Reports by
9 Utilities
10 Sec. 1. As used in this chapter, "budget billing arrangement"
11 means a levelized payment arrangement that:
12 (1) is entered into by a utility and:
13 (A) a customer; or
14 (B) a low income customer;
15 of the utility;
16 (2) allows the customer or low income customer to pay for
17 utility service in equal monthly installments; and
18 (3) involves a reconciliation mechanism in which:
19 (A) the amount of utility service actually used by the
20 customer or low income customer during a specified period
21 is compared with the amount of utility service for which
22 the customer or low income customer was billed under the
23 arrangement during the specified period; and
24 (B) the account of the customer or low income customer is
25 either billed or credited, as appropriate, for any
26 discrepancy identified under clause (A).
27 Sec. 2. As used in this chapter, "customer" refers to a
28 residential customer who:
29 (1) has agreed to pay for utility service from a utility; and
30 (2) is not a low income customer.
31 Sec. 3. As used in this chapter, "low income customer" refers to
32 a residential customer who is part of a household that:
33 (1) has agreed to pay for utility service from a utility; and
34 (2) satisfies either of the following:
35 (A) Is eligible for and has applied for assistance from:
36 (i) a home energy assistance program administered
37 under IC 4-4-33; or
38 (ii) a low income household water assistance program
39 administered by the Indiana housing and community
40 development authority.
41 (B) Is eligible for one (1) or more of the following:
42 (i) The Temporary Assistance for Needy Families
2025 IN 97—LS 6452/DI 101 4
1 (TANF) program.
2 (ii) The federal Supplemental Nutrition Assistance
3 Program (SNAP).
4 (iii) The Special Supplemental Nutrition Program for
5 Women, Infants, and Children (WIC).
6 (iv) Free or reduced price school meals.
7 (v) The federal Supplemental Security Income (SSI)
8 program.
9 (vi) Medicaid.
10 (vii) The healthy Indiana plan under IC 12-15-44.5.
11 (viii) The federal Child Care and Development Fund
12 (CCDF) grant program or the federal Head Start
13 program.
14 (ix) Public housing or housing assistance programs.
15 (x) Other means tested programs.
16 Sec. 4. As used in this chapter, "payment plan" means a
17 payment arrangement that:
18 (1) is entered into by a utility and:
19 (A) a customer; or
20 (B) a low income customer;
21 of the utility; and
22 (2) allows the customer or low income customer to:
23 (A) pay current or past due amounts for utility service in
24 lower amounts or over an extended period of time, or
25 according to another agreed upon schedule;
26 (B) defer the payment of current or past due amounts for
27 utility service to some future date; or
28 (C) receive a forbearance with respect to the payment of
29 certain amounts owed.
30 Sec. 5. As used in this chapter, "protected account" means an
31 account that:
32 (1) is for utility service that:
33 (A) is provided to a:
34 (i) customer; or
35 (ii) low income customer;
36 who is vulnerable because of advanced age, serious illness,
37 or disability; and
38 (B) is not subject to termination or disconnection for
39 nonpayment or for which termination or disconnection for
40 nonpayment is restricted during specified periods; or
41 (2) otherwise qualifies as a protected account under rules
42 adopted by the commission under section 9 of this chapter.
2025 IN 97—LS 6452/DI 101 5
1 Sec. 6. As used in this chapter, "utility" means a utility, however
2 organized, that:
3 (1) provides utility service to customers and low income
4 customers in Indiana; and
5 (2) is under the jurisdiction of the commission for the
6 approval of rates and charges.
7 Sec. 7. As used in this chapter, "utility service" means
8 residential:
9 (1) electric;
10 (2) natural gas;
11 (3) water; or
12 (4) wastewater;
13 service that is provided at retail.
14 Sec. 8. (a) A utility shall submit to the commission quarterly
15 reports containing the information set forth in this subsection with
16 respect to the calendar quarter covered by the report. Beginning
17 with the calendar quarter specified in subsection (d), the reports
18 required by this subsection shall be submitted to the commission in
19 the manner and form prescribed by the commission and not later
20 than thirty (30) days after the last day of the calendar quarter
21 covered by the report. A report submitted to the commission under
22 this subsection must include the following information with respect
23 to customers (not including low income customers with respect to
24 whom a report is required under subsection (b)) for each month in
25 the calendar quarter covered by the report, including, to the extent
26 available, a comparison of the same information for the same
27 month of the immediately preceding calendar year:
28 (1) The total number of open customer accounts.
29 (2) The total amount billed by the utility for all open customer
30 accounts.
31 (3) The total gross receipts received by the utility for all open
32 customer accounts.
33 (4) The total number of open protected accounts for
34 customers.
35 (5) The total number of open customer accounts that were
36 delinquent for at least sixty (60) days and not more than
37 ninety (90) days.
38 (6) The total dollar amount owed with respect to the accounts
39 identified under subdivision (5).
40 (7) The total number of open customer accounts that were
41 delinquent for more than ninety (90) days.
42 (8) The total dollar amount owed with respect to the accounts
2025 IN 97—LS 6452/DI 101 6
1 identified under subdivision (7).
2 (9) The total number of customer accounts referred for
3 collection to an attorney or a collection agency.
4 (10) The total number of new payment plans entered into
5 between the utility and customers of the utility.
6 (11) The total number of new budget billing arrangements
7 entered into between the utility and customers of the utility.
8 (12) The total number of customer accounts sent a notice of
9 disconnection for nonpayment.
10 (13) The total number of utility service disconnections
11 performed for nonpayment.
12 (14) The total number of utility service restorations after
13 disconnection for nonpayment.
14 (15) The average duration of utility service disconnection for
15 customer accounts identified under subdivision (14).
16 (16) The total number of customer accounts written off as
17 uncollectible.
18 (17) The total dollar value of customer accounts identified
19 under subdivision (16).
20 (18) The total dollar value of recovered bad debt with respect
21 to customer accounts.
22 (19) Any other relevant information concerning customer
23 accounts that the commission:
24 (A) considers appropriate in evaluating:
25 (i) the payment history of customers; and
26 (ii) the billing and related practices of utilities with
27 respect to customers; and
28 (B) requires under rules adopted under section 9 of this
29 chapter.
30 (b) A utility shall submit to the commission quarterly reports
31 containing the information set forth in this subsection with respect
32 to the calendar quarter covered by the report. Beginning with the
33 calendar quarter specified in subsection (d), the reports required
34 by this subsection shall be submitted to the commission in the
35 manner and form prescribed by the commission and not later than
36 thirty (30) days after the last day of the calendar quarter covered
37 by the report. A report submitted to the commission under this
38 subsection must include the following information with respect to
39 low income customers for each month in the calendar quarter
40 covered by the report, including, to the extent available, a
41 comparison of the same information for the same month of the
42 immediately preceding calendar year:
2025 IN 97—LS 6452/DI 101 7
1 (1) The total number of open low income customer accounts.
2 (2) The total amount billed by the utility for all open low
3 income customer accounts.
4 (3) The total gross receipts received by the utility for all open
5 low income customer accounts.
6 (4) Of the total amount of gross receipts reported under
7 subdivision (3), the total amount that was paid through:
8 (A) a home energy assistance program administered under
9 IC 4-4-33; or
10 (B) a low income household water assistance program
11 administered by the Indiana housing and community
12 development authority.
13 (5) The total number of low income customers who received
14 assistance from:
15 (A) a home energy assistance program administered under
16 IC 4-4-33; or
17 (B) a low income household water assistance program
18 administered by the Indiana housing and community
19 development authority.
20 (6) The total number of open protected accounts for low
21 income customers.
22 (7) The total number of open low income customer accounts
23 that were delinquent for at least sixty (60) days and not more
24 than ninety (90) days.
25 (8) The total dollar amount owed with respect to the accounts
26 identified under subdivision (7).
27 (9) The total number of open low income customer accounts
28 that were delinquent for more than ninety (90) days.
29 (10) The total dollar amount owed with respect to the
30 accounts identified under subdivision (9).
31 (11) The total number of low income customer accounts
32 referred for collection to an attorney or a collection agency.
33 (12) The total number of new payment plans entered into
34 between the utility and low income customers of the utility.
35 (13) The total number of new budget billing arrangements
36 entered into between the utility and low income customers of
37 the utility.
38 (14) The total number of low income customer accounts sent
39 a notice of disconnection for nonpayment.
40 (15) The total number of utility service disconnections
41 performed for nonpayment.
42 (16) The total number of utility service restorations after
2025 IN 97—LS 6452/DI 101 8
1 disconnection for nonpayment.
2 (17) The average duration of utility service disconnection for
3 low income customer accounts identified under subdivision
4 (16).
5 (18) The total number of low income customer accounts
6 written off as uncollectible.
7 (19) The total dollar value of low income customer accounts
8 identified under subdivision (18).
9 (20) The total dollar value of recovered bad debt with respect
10 to low income customer accounts.
11 (21) Any other relevant information concerning low income
12 customer accounts that the commission:
13 (A) considers appropriate in evaluating:
14 (i) the payment history of low income customers; and
15 (ii) the billing and related practices of utilities with
16 respect to low income customers; and
17 (B) requires under rules adopted under section 9 of this
18 chapter.
19 (c) A utility may report the information and data required
20 under subsections (a) and (b) at the same time and on the same
21 form, if so prescribed by the commission in rules adopted under
22 section 9 of this chapter.
23 (d) The first reports submitted to the commission under
24 subsections (a) and (b) must include the information set forth in
25 subsections (a) and (b) with respect to the third calendar quarter
26 of 2025.
27 (e) A utility shall report all information and data required
28 under subsections (a) and (b) in the aggregate and in a manner that
29 does not identify individual customers and low income customers
30 of the utility.
31 (f) This section does not empower the commission to require
32 utilities to disclose confidential and proprietary business
33 information without adequate protection of the information. The
34 commission shall exercise all necessary caution to avoid disclosure
35 of any confidential information reported by utilities under this
36 section.
37 Sec. 9. The commission shall adopt rules under IC 4-22-2 to
38 implement this chapter.
39 Sec. 10. Beginning in 2026, the commission shall annually
40 compile and summarize the information received from utilities
41 under section 8 of this chapter for the previous calendar year and
42 include the commission's summary of the information in the
2025 IN 97—LS 6452/DI 101 9
1 commission's annual report under IC 8-1-1-14.
2 SECTION 3. [EFFECTIVE UPON PASSAGE] (a) As used in this
3 SECTION, "commission" refers to the Indiana utility regulatory
4 commission created by IC 8-1-1-2.
5 (b) As used in this SECTION, "utility" means an electric, gas,
6 or water utility, including a municipally owned, privately owned,
7 or cooperatively owned utility, subject to IC 8-1-2-121, as amended
8 by this act.
9 (c) Not later than December 31, 2025, the commission shall
10 amend the following rules of the commission as necessary to
11 conform the rules with IC 8-1-2-121, as amended by this act:
12 (1) 170 IAC 4.
13 (2) 170 IAC 5.
14 (3) 170 IAC 6.
15 (4) Any other rule that:
16 (A) has been adopted by the commission; and
17 (B) is inconsistent with IC 8-1-2-121, as amended by this
18 act.
19 (d) Not later than June 15, 2025, a utility shall do the following:
20 (1) Amend any tariff of the utility that:
21 (A) is in effect on April 29, 2025, for residential customers
22 of the utility; and
23 (B) is inconsistent with IC 8-1-2-121, as amended by this
24 act;
25 to conform the tariff with IC 8-1-2-121, as amended by this
26 act.
27 (2) File with the commission a petition for approval of each
28 tariff amended under subdivision (1).
29 (e) The commission shall either:
30 (1) approve an amended tariff filed by a utility under
31 subsection (d)(2); or
32 (2) require the utility to make any changes to the utility's
33 amended tariff necessary to conform the tariff with
34 IC 8-1-2-121, as amended by this act, as determined by the
35 commission;
36 not later than thirty (30) days after receipt of the utility's petition
37 under subsection (d)(2).
38 (f) This SECTION expires January 1, 2027.
39 SECTION 4. An emergency is declared for this act.
2025 IN 97—LS 6452/DI 101