Introduced Version
SENATE BILL No. 212
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-39.1.
Synopsis: Natural gas and electric utility infrastructure. Provides that
an applicant that seeks: (1) the installation or extension of electric or
natural gas utility infrastructure; (2) electric or natural gas utility
service; or (3) both; in connection with certain development projects
is entitled to request and convene, before commencing construction on
the project, at least one technical advisory meeting with each utility
whose service area includes the project site. Defines a "technical
advisory meeting" as a meeting that: (1) includes as participants the
applicant and one or more utilities: (A) whose service area includes the
project site; and (B) from whom utility infrastructure, utility service, or
both, will be required for the project; and (2) is held: (A) in preparation
for, or in connection with, certain advance planning activities related
to the project; and (B) for the purpose of: (i) sharing planning
documents and drawings; (ii) determining the utility infrastructure,
utility service, or both, required to serve the project; and (iii) discussing
the terms of a potential extension agreement between the utility and the
applicant. Sets forth the procedures and time frame for requesting and
holding a technical advisory meeting. Requires an applicant and a
utility to enter into an extension agreement before construction
commences on a project, regardless of whether a technical advisory
meeting is requested or held. Defines an "extension agreement" as an
agreement that: (1) is entered into between an applicant and a utility
whose service area includes the project site of the applicant's project;
and (2) sets forth the obligations and commitments of: (A) the utility
and the applicant with respect to the extension of utility infrastructure
to the project site; and (B) the utility and the customers to be initially
(Continued next page)
Effective: July 1, 2025.
Glick
January 8, 2025, read first time and referred to Committee on Utilities.
2025 IN 212—LS 6245/DI 119 Digest Continued
served by the extension upon its installation. Sets forth the required
elements of an extension agreement. Provides that before agreeing to
extend utility infrastructure to a project site in connection with the
project, a natural gas utility must provide the applicant with a written
summary that explains the obligations and commitments that apply to:
(1) the utility; (2) the applicant; and (3) the customers to be initially
served by the extension of the utility infrastructure upon its installation;
under the Indiana utility regulatory commission's (IURC) rule on the
extension of gas distribution mains. Sets forth the information required
to be included in the summary. Provides that an applicant or a utility
may submit an informal complaint to the IURC's consumer affairs
division in connection with the bill's provisions concerning technical
advisory meetings and extension agreements. Provides that if the IURC
determines that it requires additional staff to handle the volume of
informal complaints submitted, the IURC may impose a fee on a party
against whom a decision is rendered. Provides that the fee may not
exceed the lesser of: (1) the IURC's actual costs in handling the
informal complaint; or (2) $750. Authorizes the IURC to adopt rules to
implement the bill's provisions.
2025 IN 212—LS 6245/DI 1192025 IN 212—LS 6245/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
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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. 212
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 8-1-39.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 39.1. Natural Gas or Electric Utility Infrastructure and
5 Service for Development Projects
6 Sec. 1. (a) As used in this chapter, "applicant" means a person
7 that seeks:
8 (1) the installation or extension of utility infrastructure;
9 (2) utility service; or
10 (3) both the installation or extension of utility infrastructure
11 and utility service;
12 in connection with a project.
13 (b) For purposes of this section, a "person" includes any
14 individual, partnership, corporation, limited liability company,
15 association, governmental agency, political subdivision, or other
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1 entity of any character.
2 Sec. 2. As used in this chapter, "extension agreement" means an
3 agreement that:
4 (1) is entered into between an applicant and a utility whose
5 service area includes the project site of the applicant's
6 project; and
7 (2) sets forth the obligations and commitments of:
8 (A) the utility and the applicant with respect to the
9 extension of utility infrastructure to the project site; and
10 (B) the utility and the customers to be initially served by
11 the extension upon its installation.
12 Sec. 3. (a) As used in this chapter, "permit authority" means
13 any governmental:
14 (1) agency;
15 (2) department;
16 (3) board;
17 (4) commission;
18 (5) authority; or
19 (6) instrumentality;
20 that makes legislative or administrative decisions concerning the
21 permitting, construction, siting, modification, operation, or
22 decommissioning of a project.
23 (b) The term does not include any court or other judicial body
24 that reviews decisions or rulings made by a governmental body
25 described in subsection (a).
26 Sec. 4. As used in this chapter, "project" means a project for:
27 (1) the construction of new buildings or facilities, or the
28 expansion or modification of existing buildings or facilities, on
29 a project site; or
30 (2) any similar activities related to the development of a
31 project site;
32 for economic development purposes or for the purpose of
33 constructing or expanding residential, commercial, or industrial
34 developments or projects.
35 Sec. 5. As used in this chapter, "project site" means the
36 particular:
37 (1) site;
38 (2) parcel; or
39 (3) premises;
40 on which a project is or will be located.
41 Sec. 6. As used in this chapter, "technical advisory meeting"
42 means a meeting that:
2025 IN 212—LS 6245/DI 119 3
1 (1) is requested under section 8 of this chapter by an
2 applicant;
3 (2) includes as participants the applicant and one (1) or more
4 utilities:
5 (A) whose service area includes the project site; and
6 (B) from whom utility infrastructure, utility service, or
7 both, will be required for the project; and
8 (3) is held:
9 (A) in preparation for, or in connection with:
10 (i) bidding;
11 (ii) preconstruction engineering activities; or
12 (iii) other advance planning activities;
13 in connection with the project; and
14 (B) for the purpose of:
15 (i) sharing planning documents or civil, structural, or
16 architectural drawings in connection with the project;
17 (ii) determining the utility infrastructure, utility service,
18 or both, that will be required to serve the project; and
19 (iii) discussing the terms of a potential extension
20 agreement between the utility and the applicant.
21 Sec. 7. As used in this chapter, "utility" means a public utility
22 (as defined in IC 8-1-2-1(a)) that is under the jurisdiction of the
23 commission and is engaged in:
24 (1) the sale or distribution of natural gas service; or
25 (2) the production, sale, or distribution of electric service.
26 Sec. 8. (a) Before commencing construction on a project, an
27 applicant is entitled to request and convene at least one (1)
28 technical advisory meeting with each utility whose service area
29 includes the project site. A technical advisory meeting held under
30 this section may, at the option of the parties, include each utility:
31 (1) whose service area includes the project site; and
32 (2) from whom utility infrastructure, utility service, or both,
33 will be required for the project.
34 An applicant may request and convene a technical advisory
35 meeting under this section regardless of whether any similar
36 meeting involving the applicant and one (1) or more utilities
37 described in this subsection has been or may be convened by a
38 permit authority with jurisdiction over the project site.
39 (b) After receiving a request for a technical advisory meeting
40 from an applicant, a utility shall, not later than thirty (30) days
41 after receipt of the request, meet with the applicant:
42 (1) at the project site or another location agreed to by the
2025 IN 212—LS 6245/DI 119 4
1 parties; or
2 (2) by means of a virtual meeting or by telephonic means, as
3 agreed to by the parties.
4 (c) At the conclusion of a technical advisory meeting, the parties
5 may agree to:
6 (1) convene one (1) or more additional technical advisory
7 meetings at a later date;
8 (2) continue, on an informal basis, any activities described in
9 section 6(3)(B) of this chapter; or
10 (3) proceed to enter into an extension agreement within a
11 specified time agreed to by the parties.
12 (d) Each party that participates in a technical advisory meeting
13 under this section shall ensure that at least one (1) of the party's
14 representatives who participates in the meeting has the authority
15 to bind the party with respect to any action described in subsection
16 (c).
17 (e) If a utility:
18 (1) refuses to participate in a technical advisory meeting after
19 receiving a request for a technical advisory meeting from an
20 applicant under subsection (a); or
21 (2) fails to participate in a technical advisory meeting within
22 the thirty (30) day period prescribed in subsection (b) without
23 first contacting the requesting applicant within that thirty
24 (30) day period to schedule a meeting to be held within a
25 reasonable time after the prescribed thirty (30) day period;
26 the applicant that requested the technical advisory meeting may
27 submit an informal complaint to the commission's consumer
28 affairs division, in accordance with IC 8-1-2-34.5(b) and the
29 commission's rules under 170 IAC 16, including provisions for
30 referrals and appeals to the full commission, regardless of whether
31 the applicant is a customer of the utility at the time the complaint
32 is submitted.
33 Sec. 9. (a) In preparation for, or in connection with, the
34 construction of a project, an applicant and a utility described in
35 section 6(2) of this chapter must enter into an extension agreement
36 regardless of whether a technical advisory meeting is requested or
37 held under section 8 of this chapter. An applicant and a utility may
38 enter into an extension agreement:
39 (1) before the commencement of construction; or
40 (2) after the commencement of construction at a phase of the
41 development that is mutually agreed upon by the parties.
42 (b) An extension agreement must include the following, as
2025 IN 212—LS 6245/DI 119 5
1 applicable:
2 (1) For each party to the agreement, the name and contact
3 information for one (1) or more representatives of the party
4 who may be contacted with respect to:
5 (A) the project as a whole; or
6 (B) one (1) or more aspects or phases of development of the
7 project.
8 (2) A description of the project, including the following:
9 (A) The location of the project site, which may be
10 identified by:
11 (i) a street address;
12 (ii) a legal description of the location;
13 (iii) a highway location using highway mile markers or
14 cross streets; or
15 (iv) another description that sufficiently identifies the
16 location of the project site.
17 (B) A description of the physical and geographic
18 characteristics of the project site.
19 (C) A description of any new buildings or facilities that will
20 be constructed on the project site, including:
21 (i) the size of the new buildings or facilities; and
22 (ii) the approximate location of the new buildings or
23 facilities on the project site.
24 (D) A description of any expansion or modification to be
25 made to one (1) or more existing buildings or facilities on
26 the project site, including:
27 (i) the size of the buildings or facilities both before and
28 after the expansion or modification; and
29 (ii) the approximate location of the buildings or facilities
30 on the project site.
31 (E) To the extent determinable before the commencement
32 of construction, a description of:
33 (i) the utility infrastructure;
34 (ii) the utility service; or
35 (iii) both the utility infrastructure and utility service;
36 that will be required to serve the project site or one (1) or
37 more buildings or facilities on the project site, as
38 applicable.
39 (F) To the extent determinable before the commencement
40 of construction, an estimate of the costs to:
41 (i) the applicant with respect to the extension of utility
42 infrastructure to the project site; and
2025 IN 212—LS 6245/DI 119 6
1 (ii) the customers to be initially served by the extension
2 upon its installation.
3 (3) To the extent known by the applicant, the:
4 (A) starting date;
5 (B) anticipated duration; and
6 (C) type;
7 of any preconstruction engineering studies or other advance
8 planning activities that will be performed in connection with
9 the project.
10 (4) To the extent known by the applicant, the name of, and
11 contact information for, any person that will perform any:
12 (A) preconstruction engineering activities; or
13 (B) other advance planning activities;
14 in connection with the project.
15 (5) To the extent known by the applicant, the anticipated:
16 (A) starting date;
17 (B) duration; and
18 (C) completion date;
19 for each phase of construction contemplated in connection
20 with the development of the project site.
21 (6) To the extent known by the applicant, the name of, and
22 contact information for, any person that will perform any
23 construction activities with respect to any phase of
24 construction contemplated in connection with the
25 development of the project site.
26 (7) To the extent known by the applicant, and subject to any
27 existing confidentiality or nondisclosure agreements, the name
28 of, and contact information for, any current or future owner,
29 tenant, operator, or manager that:
30 (A) owns or will own one (1) or more buildings, facilities,
31 or lots on the project site;
32 (B) occupies or will occupy one (1) or more buildings,
33 facilities, or lots on the project site; or
34 (C) operates or manages, or will operate or manage, one
35 (1) or more buildings, facilities, or lots on the project site.
36 (8) Any:
37 (A) planning documents; or
38 (B) civil, structural, or architectural drawings;
39 prepared by any party to the agreement in connection with
40 the project.
41 (9) Requirements for the method and time by which each
42 party to the agreement must notify all other parties to the
2025 IN 212—LS 6245/DI 119 7
1 agreement of the following:
2 (A) Any changes to any information set forth in the
3 agreement, including changes to any documents or
4 drawings included as part of the agreement under
5 subdivision (8).
6 (B) Any delays or unanticipated conditions encountered
7 before or during construction, including any difficulties in
8 obtaining any needed:
9 (i) financing; or
10 (ii) permits or approvals;
11 in connection with the project.
12 (C) Any other changes, events, delays, circumstances, or
13 contingencies that may materially affect:
14 (i) the development of the project; or
15 (ii) the agreement of the parties.
16 (10) Requirements for memorializing communications
17 exchanged and agreements made among the parties before,
18 during, and after the development of the project site, along
19 with requirements for:
20 (A) record keeping;
21 (B) record retention; and
22 (C) each party's ability to access the records kept and
23 maintained by any other party to the agreement.
24 (11) A method for resolving, through informal means, any
25 disputes that arise among the parties:
26 (A) before;
27 (B) during; or
28 (C) after the completion of;
29 any activity or phase of construction contemplated or
30 undertaken in connection with the development of the project
31 site.
32 (12) Any other information concerning the project, or any
33 aspect of the project, considered relevant by the parties to the
34 agreement.
35 (c) In connection with a utility's agreement to make an extension
36 of utility infrastructure in connection with a project, an extension
37 agreement may include a provision requiring:
38 (1) the applicant; or
39 (2) the customers to be initially served by the extension of the
40 utility infrastructure upon its installation;
41 to provide a satisfactory guaranty to the utility of the performance
42 of the applicant's or the customers' obligations with respect to the
2025 IN 212—LS 6245/DI 119 8
1 extension.
2 (d) An extension agreement must be executed and signed by a
3 representative of each party to the agreement who has the
4 authority to bind the party with respect to the terms of the
5 agreement.
6 (e) An extension agreement entered into under this section does
7 not replace, or otherwise relieve the obligation of any party to
8 enter into, any other agreement that:
9 (1) sets forth the obligations and commitments of the parties
10 with respect to the:
11 (A) extension of utility infrastructure; or
12 (B) provision of utility service; and
13 (2) is required:
14 (A) by law;
15 (B) by any rule adopted by the commission; or
16 (C) under any tariff of the utility.
17 (f) If, at any time before, during, or after the completion of any
18 activity or phase of construction contemplated or undertaken in
19 connection with the development of the project site:
20 (1) a party to an extension agreement alleges that any other
21 party to the agreement has not fulfilled that party's
22 obligations or commitments under the agreement; and
23 (2) the parties have not been able to resolve the matter using
24 the informal method for resolving disputes set forth in the
25 extension agreement under subsection (b)(11);
26 the aggrieved party may submit an informal complaint to the
27 commission's consumer affairs division, in accordance with
28 IC 8-1-2-34.5(b) and the commission's rules under 170 IAC 16,
29 including provisions for referrals and appeals to the full
30 commission. If the applicant is the aggrieved party, the remedy set
31 forth in this subsection is available to the applicant regardless of
32 whether the applicant is a customer of the utility at the time the
33 complaint is submitted.
34 Sec. 10. (a) This section applies to a utility described in section
35 7(1) of this chapter, regardless of whether the utility:
36 (1) has participated in, or will participate in, a technical
37 advisory meeting with an applicant under section 8 of this
38 chapter; or
39 (2) has entered into an extension agreement with an applicant
40 under section 9 of this chapter.
41 (b) Before agreeing to extend utility infrastructure to a project
42 site in connection with a project, a utility must provide the
2025 IN 212—LS 6245/DI 119 9
1 applicant with a written summary that explains the obligations and
2 commitments that apply to:
3 (1) the utility;
4 (2) the applicant; and
5 (3) the customers to be initially served by the extension of the
6 utility infrastructure upon its installation;
7 under 170 IAC 5-1-27.
8 (c) The summary required by this section must include the
9 following:
10 (1) The circumstances under which the utility is obligated to
11 make an extension of infrastructure to prospective customers
12 free of charge, as set forth in 170 IAC 5-1-27(B).
13 (2) The conditions that apply to an extension of infrastructure
14 in any case in which the estimated cost of the extension
15 required to furnish utility service to prospective customers is
16 greater than the utility's total estimated revenue from the
17 extension, as set forth in 170 IAC 5-1-27(C). The information
18 provided under this subdivision must include information as
19 to the following:
20 (A) The requirement for the payment of a deposit by the
21 applicant, including:
22 (i) the method by which the amount of the deposit is
23 determined; and
24 (ii) the timing for payment of the deposit;
25 as set forth in 170 IAC 5-1-27(C)(1).
26 (B) The conditions under which the utility may submit an
27 application for an infrastructure extension to the
28 commission for investigation and a determination as to the
29 public convenience and necessity of the extension, as set
30 forth in 170 IAC 5-1-27(C)(2).
31 (C) The right of an initial applicant for an extension of
32 utility infrastructure to receive a refund of the applicant's
33 contribution toward the cost of the extension from each
34 customer that subsequently connects to the extension
35 within the six (6) year period following the completion of
36 the extension, as set forth in 170 IAC 5-1-27(C)(3).
37 (3) The most recent estimate of costs:
38 (A) used to establish the amounts described in subdivision
39 (2); and
40 (B) filed with the commission;
41 as described in 170 IAC 5-1-27(D).
42 (d) The summary required by this section must be in language
2025 IN 212—LS 6245/DI 119 10
1 that is clear, concise, and easily understandable to a lay person.
2 (e) The commission may prescribe the form to be used for the
3 summary required by this section.
4 Sec. 11. If the commission determines that it requires additional
5 staff to handle the volume of informal complaints submitted under
6 section 8(e) or 9(f) of this chapter, the commission may impose a
7 fee under this section. Any fee charged by the commission under
8 this section may:
9 (1) not exceed:
10 (A) the commission's actual costs in administering section
11 8(e) or 9(f) of this chapter; or
12 (B) seven hundred fifty dollars ($750);
13 whichever is less; and
14 (2) be assessed against the party against whom a decision is
15 rendered under section 8(e) or 9(f) of this chapter.
16 Sec. 12. The commission may adopt rules under IC 4-22-2 to
17 implement this chapter.
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