Indiana 2025 Regular Session

Indiana Senate Bill SB0212 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. 212
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 8-1-39.1.
7	7	Synopsis: Natural gas and electric utility infrastructure. Provides that
8	8	an applicant that seeks: (1) the installation or extension of electric or
9	9	natural gas utility infrastructure; (2) electric or natural gas utility
10	10	service; or (3) both; in connection with certain development projects
11	11	is entitled to request and convene, before commencing construction on
12	12	the project, at least one technical advisory meeting with each utility
13	13	whose service area includes the project site. Defines a "technical
14	14	advisory meeting" as a meeting that: (1) includes as participants the
15	15	applicant and one or more utilities: (A) whose service area includes the
16	16	project site; and (B) from whom utility infrastructure, utility service, or
17	17	both, will be required for the project; and (2) is held: (A) in preparation
18	18	for, or in connection with, certain advance planning activities related
19	19	to the project; and (B) for the purpose of: (i) sharing planning
20	20	documents and drawings; (ii) determining the utility infrastructure,
21	21	utility service, or both, required to serve the project; and (iii) discussing
22	22	the terms of a potential extension agreement between the utility and the
23	23	applicant. Sets forth the procedures and time frame for requesting and
24	24	holding a technical advisory meeting. Requires an applicant and a
25	25	utility to enter into an extension agreement before construction
26	26	commences on a project, regardless of whether a technical advisory
27	27	meeting is requested or held. Defines an "extension agreement" as an
28	28	agreement that: (1) is entered into between an applicant and a utility
29	29	whose service area includes the project site of the applicant's project;
30	30	and (2) sets forth the obligations and commitments of: (A) the utility
31	31	and the applicant with respect to the extension of utility infrastructure
32	32	to the project site; and (B) the utility and the customers to be initially
33	33	(Continued next page)
34	34	Effective: July 1, 2025.
35	35	Glick
36	36	January 8, 2025, read first time and referred to Committee on Utilities.
37	37	2025 IN 212—LS 6245/DI 119 Digest Continued
38	38	served by the extension upon its installation. Sets forth the required
39	39	elements of an extension agreement. Provides that before agreeing to
40	40	extend utility infrastructure to a project site in connection with the
41	41	project, a natural gas utility must provide the applicant with a written
42	42	summary that explains the obligations and commitments that apply to:
43	43	(1) the utility; (2) the applicant; and (3) the customers to be initially
44	44	served by the extension of the utility infrastructure upon its installation;
45	45	under the Indiana utility regulatory commission's (IURC) rule on the
46	46	extension of gas distribution mains. Sets forth the information required
47	47	to be included in the summary. Provides that an applicant or a utility
48	48	may submit an informal complaint to the IURC's consumer affairs
49	49	division in connection with the bill's provisions concerning technical
50	50	advisory meetings and extension agreements. Provides that if the IURC
51	51	determines that it requires additional staff to handle the volume of
52	52	informal complaints submitted, the IURC may impose a fee on a party
53	53	against whom a decision is rendered. Provides that the fee may not
54	54	exceed the lesser of: (1) the IURC's actual costs in handling the
55	55	informal complaint; or (2) $750. Authorizes the IURC to adopt rules to
56	56	implement the bill's provisions.
57	57	2025 IN 212—LS 6245/DI 1192025 IN 212—LS 6245/DI 119 Introduced
58	58	First Regular Session of the 124th General Assembly (2025)
59	59	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
60	60	Constitution) is being amended, the text of the existing provision will appear in this style type,
61	61	additions will appear in this style type, and deletions will appear in this style type.
62	62	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
63	63	provision adopted), the text of the new provision will appear in this style type. Also, the
64	64	word NEW will appear in that style type in the introductory clause of each SECTION that adds
65	65	a new provision to the Indiana Code or the Indiana Constitution.
66	66	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
67	67	between statutes enacted by the 2024 Regular Session of the General Assembly.
68	68	SENATE BILL No. 212
69	69	A BILL FOR AN ACT to amend the Indiana Code concerning
70	70	utilities.
71	71	Be it enacted by the General Assembly of the State of Indiana:
72	72	1 SECTION 1. IC 8-1-39.1 IS ADDED TO THE INDIANA CODE
73	73	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
74	74	3 JULY 1, 2025]:
75	75	4 Chapter 39.1. Natural Gas or Electric Utility Infrastructure and
76	76	5 Service for Development Projects
77	77	6 Sec. 1. (a) As used in this chapter, "applicant" means a person
78	78	7 that seeks:
79	79	8 (1) the installation or extension of utility infrastructure;
80	80	9 (2) utility service; or
81	81	10 (3) both the installation or extension of utility infrastructure
82	82	11 and utility service;
83	83	12 in connection with a project.
84	84	13 (b) For purposes of this section, a "person" includes any
85	85	14 individual, partnership, corporation, limited liability company,
86	86	15 association, governmental agency, political subdivision, or other
87	87	2025 IN 212—LS 6245/DI 119 2
88	88	1 entity of any character.
89	89	2 Sec. 2. As used in this chapter, "extension agreement" means an
90	90	3 agreement that:
91	91	4 (1) is entered into between an applicant and a utility whose
92	92	5 service area includes the project site of the applicant's
93	93	6 project; and
94	94	7 (2) sets forth the obligations and commitments of:
95	95	8 (A) the utility and the applicant with respect to the
96	96	9 extension of utility infrastructure to the project site; and
97	97	10 (B) the utility and the customers to be initially served by
98	98	11 the extension upon its installation.
99	99	12 Sec. 3. (a) As used in this chapter, "permit authority" means
100	100	13 any governmental:
101	101	14 (1) agency;
102	102	15 (2) department;
103	103	16 (3) board;
104	104	17 (4) commission;
105	105	18 (5) authority; or
106	106	19 (6) instrumentality;
107	107	20 that makes legislative or administrative decisions concerning the
108	108	21 permitting, construction, siting, modification, operation, or
109	109	22 decommissioning of a project.
110	110	23 (b) The term does not include any court or other judicial body
111	111	24 that reviews decisions or rulings made by a governmental body
112	112	25 described in subsection (a).
113	113	26 Sec. 4. As used in this chapter, "project" means a project for:
114	114	27 (1) the construction of new buildings or facilities, or the
115	115	28 expansion or modification of existing buildings or facilities, on
116	116	29 a project site; or
117	117	30 (2) any similar activities related to the development of a
118	118	31 project site;
119	119	32 for economic development purposes or for the purpose of
120	120	33 constructing or expanding residential, commercial, or industrial
121	121	34 developments or projects.
122	122	35 Sec. 5. As used in this chapter, "project site" means the
123	123	36 particular:
124	124	37 (1) site;
125	125	38 (2) parcel; or
126	126	39 (3) premises;
127	127	40 on which a project is or will be located.
128	128	41 Sec. 6. As used in this chapter, "technical advisory meeting"
129	129	42 means a meeting that:
130	130	2025 IN 212—LS 6245/DI 119 3
131	131	1 (1) is requested under section 8 of this chapter by an
132	132	2 applicant;
133	133	3 (2) includes as participants the applicant and one (1) or more
134	134	4 utilities:
135	135	5 (A) whose service area includes the project site; and
136	136	6 (B) from whom utility infrastructure, utility service, or
137	137	7 both, will be required for the project; and
138	138	8 (3) is held:
139	139	9 (A) in preparation for, or in connection with:
140	140	10 (i) bidding;
141	141	11 (ii) preconstruction engineering activities; or
142	142	12 (iii) other advance planning activities;
143	143	13 in connection with the project; and
144	144	14 (B) for the purpose of:
145	145	15 (i) sharing planning documents or civil, structural, or
146	146	16 architectural drawings in connection with the project;
147	147	17 (ii) determining the utility infrastructure, utility service,
148	148	18 or both, that will be required to serve the project; and
149	149	19 (iii) discussing the terms of a potential extension
150	150	20 agreement between the utility and the applicant.
151	151	21 Sec. 7. As used in this chapter, "utility" means a public utility
152	152	22 (as defined in IC 8-1-2-1(a)) that is under the jurisdiction of the
153	153	23 commission and is engaged in:
154	154	24 (1) the sale or distribution of natural gas service; or
155	155	25 (2) the production, sale, or distribution of electric service.
156	156	26 Sec. 8. (a) Before commencing construction on a project, an
157	157	27 applicant is entitled to request and convene at least one (1)
158	158	28 technical advisory meeting with each utility whose service area
159	159	29 includes the project site. A technical advisory meeting held under
160	160	30 this section may, at the option of the parties, include each utility:
161	161	31 (1) whose service area includes the project site; and
162	162	32 (2) from whom utility infrastructure, utility service, or both,
163	163	33 will be required for the project.
164	164	34 An applicant may request and convene a technical advisory
165	165	35 meeting under this section regardless of whether any similar
166	166	36 meeting involving the applicant and one (1) or more utilities
167	167	37 described in this subsection has been or may be convened by a
168	168	38 permit authority with jurisdiction over the project site.
169	169	39 (b) After receiving a request for a technical advisory meeting
170	170	40 from an applicant, a utility shall, not later than thirty (30) days
171	171	41 after receipt of the request, meet with the applicant:
172	172	42 (1) at the project site or another location agreed to by the
173	173	2025 IN 212—LS 6245/DI 119 4
174	174	1 parties; or
175	175	2 (2) by means of a virtual meeting or by telephonic means, as
176	176	3 agreed to by the parties.
177	177	4 (c) At the conclusion of a technical advisory meeting, the parties
178	178	5 may agree to:
179	179	6 (1) convene one (1) or more additional technical advisory
180	180	7 meetings at a later date;
181	181	8 (2) continue, on an informal basis, any activities described in
182	182	9 section 6(3)(B) of this chapter; or
183	183	10 (3) proceed to enter into an extension agreement within a
184	184	11 specified time agreed to by the parties.
185	185	12 (d) Each party that participates in a technical advisory meeting
186	186	13 under this section shall ensure that at least one (1) of the party's
187	187	14 representatives who participates in the meeting has the authority
188	188	15 to bind the party with respect to any action described in subsection
189	189	16 (c).
190	190	17 (e) If a utility:
191	191	18 (1) refuses to participate in a technical advisory meeting after
192	192	19 receiving a request for a technical advisory meeting from an
193	193	20 applicant under subsection (a); or
194	194	21 (2) fails to participate in a technical advisory meeting within
195	195	22 the thirty (30) day period prescribed in subsection (b) without
196	196	23 first contacting the requesting applicant within that thirty
197	197	24 (30) day period to schedule a meeting to be held within a
198	198	25 reasonable time after the prescribed thirty (30) day period;
199	199	26 the applicant that requested the technical advisory meeting may
200	200	27 submit an informal complaint to the commission's consumer
201	201	28 affairs division, in accordance with IC 8-1-2-34.5(b) and the
202	202	29 commission's rules under 170 IAC 16, including provisions for
203	203	30 referrals and appeals to the full commission, regardless of whether
204	204	31 the applicant is a customer of the utility at the time the complaint
205	205	32 is submitted.
206	206	33 Sec. 9. (a) In preparation for, or in connection with, the
207	207	34 construction of a project, an applicant and a utility described in
208	208	35 section 6(2) of this chapter must enter into an extension agreement
209	209	36 regardless of whether a technical advisory meeting is requested or
210	210	37 held under section 8 of this chapter. An applicant and a utility may
211	211	38 enter into an extension agreement:
212	212	39 (1) before the commencement of construction; or
213	213	40 (2) after the commencement of construction at a phase of the
214	214	41 development that is mutually agreed upon by the parties.
215	215	42 (b) An extension agreement must include the following, as
216	216	2025 IN 212—LS 6245/DI 119 5
217	217	1 applicable:
218	218	2 (1) For each party to the agreement, the name and contact
219	219	3 information for one (1) or more representatives of the party
220	220	4 who may be contacted with respect to:
221	221	5 (A) the project as a whole; or
222	222	6 (B) one (1) or more aspects or phases of development of the
223	223	7 project.
224	224	8 (2) A description of the project, including the following:
225	225	9 (A) The location of the project site, which may be
226	226	10 identified by:
227	227	11 (i) a street address;
228	228	12 (ii) a legal description of the location;
229	229	13 (iii) a highway location using highway mile markers or
230	230	14 cross streets; or
231	231	15 (iv) another description that sufficiently identifies the
232	232	16 location of the project site.
233	233	17 (B) A description of the physical and geographic
234	234	18 characteristics of the project site.
235	235	19 (C) A description of any new buildings or facilities that will
236	236	20 be constructed on the project site, including:
237	237	21 (i) the size of the new buildings or facilities; and
238	238	22 (ii) the approximate location of the new buildings or
239	239	23 facilities on the project site.
240	240	24 (D) A description of any expansion or modification to be
241	241	25 made to one (1) or more existing buildings or facilities on
242	242	26 the project site, including:
243	243	27 (i) the size of the buildings or facilities both before and
244	244	28 after the expansion or modification; and
245	245	29 (ii) the approximate location of the buildings or facilities
246	246	30 on the project site.
247	247	31 (E) To the extent determinable before the commencement
248	248	32 of construction, a description of:
249	249	33 (i) the utility infrastructure;
250	250	34 (ii) the utility service; or
251	251	35 (iii) both the utility infrastructure and utility service;
252	252	36 that will be required to serve the project site or one (1) or
253	253	37 more buildings or facilities on the project site, as
254	254	38 applicable.
255	255	39 (F) To the extent determinable before the commencement
256	256	40 of construction, an estimate of the costs to:
257	257	41 (i) the applicant with respect to the extension of utility
258	258	42 infrastructure to the project site; and
259	259	2025 IN 212—LS 6245/DI 119 6
260	260	1 (ii) the customers to be initially served by the extension
261	261	2 upon its installation.
262	262	3 (3) To the extent known by the applicant, the:
263	263	4 (A) starting date;
264	264	5 (B) anticipated duration; and
265	265	6 (C) type;
266	266	7 of any preconstruction engineering studies or other advance
267	267	8 planning activities that will be performed in connection with
268	268	9 the project.
269	269	10 (4) To the extent known by the applicant, the name of, and
270	270	11 contact information for, any person that will perform any:
271	271	12 (A) preconstruction engineering activities; or
272	272	13 (B) other advance planning activities;
273	273	14 in connection with the project.
274	274	15 (5) To the extent known by the applicant, the anticipated:
275	275	16 (A) starting date;
276	276	17 (B) duration; and
277	277	18 (C) completion date;
278	278	19 for each phase of construction contemplated in connection
279	279	20 with the development of the project site.
280	280	21 (6) To the extent known by the applicant, the name of, and
281	281	22 contact information for, any person that will perform any
282	282	23 construction activities with respect to any phase of
283	283	24 construction contemplated in connection with the
284	284	25 development of the project site.
285	285	26 (7) To the extent known by the applicant, and subject to any
286	286	27 existing confidentiality or nondisclosure agreements, the name
287	287	28 of, and contact information for, any current or future owner,
288	288	29 tenant, operator, or manager that:
289	289	30 (A) owns or will own one (1) or more buildings, facilities,
290	290	31 or lots on the project site;
291	291	32 (B) occupies or will occupy one (1) or more buildings,
292	292	33 facilities, or lots on the project site; or
293	293	34 (C) operates or manages, or will operate or manage, one
294	294	35 (1) or more buildings, facilities, or lots on the project site.
295	295	36 (8) Any:
296	296	37 (A) planning documents; or
297	297	38 (B) civil, structural, or architectural drawings;
298	298	39 prepared by any party to the agreement in connection with
299	299	40 the project.
300	300	41 (9) Requirements for the method and time by which each
301	301	42 party to the agreement must notify all other parties to the
302	302	2025 IN 212—LS 6245/DI 119 7
303	303	1 agreement of the following:
304	304	2 (A) Any changes to any information set forth in the
305	305	3 agreement, including changes to any documents or
306	306	4 drawings included as part of the agreement under
307	307	5 subdivision (8).
308	308	6 (B) Any delays or unanticipated conditions encountered
309	309	7 before or during construction, including any difficulties in
310	310	8 obtaining any needed:
311	311	9 (i) financing; or
312	312	10 (ii) permits or approvals;
313	313	11 in connection with the project.
314	314	12 (C) Any other changes, events, delays, circumstances, or
315	315	13 contingencies that may materially affect:
316	316	14 (i) the development of the project; or
317	317	15 (ii) the agreement of the parties.
318	318	16 (10) Requirements for memorializing communications
319	319	17 exchanged and agreements made among the parties before,
320	320	18 during, and after the development of the project site, along
321	321	19 with requirements for:
322	322	20 (A) record keeping;
323	323	21 (B) record retention; and
324	324	22 (C) each party's ability to access the records kept and
325	325	23 maintained by any other party to the agreement.
326	326	24 (11) A method for resolving, through informal means, any
327	327	25 disputes that arise among the parties:
328	328	26 (A) before;
329	329	27 (B) during; or
330	330	28 (C) after the completion of;
331	331	29 any activity or phase of construction contemplated or
332	332	30 undertaken in connection with the development of the project
333	333	31 site.
334	334	32 (12) Any other information concerning the project, or any
335	335	33 aspect of the project, considered relevant by the parties to the
336	336	34 agreement.
337	337	35 (c) In connection with a utility's agreement to make an extension
338	338	36 of utility infrastructure in connection with a project, an extension
339	339	37 agreement may include a provision requiring:
340	340	38 (1) the applicant; or
341	341	39 (2) the customers to be initially served by the extension of the
342	342	40 utility infrastructure upon its installation;
343	343	41 to provide a satisfactory guaranty to the utility of the performance
344	344	42 of the applicant's or the customers' obligations with respect to the
345	345	2025 IN 212—LS 6245/DI 119 8
346	346	1 extension.
347	347	2 (d) An extension agreement must be executed and signed by a
348	348	3 representative of each party to the agreement who has the
349	349	4 authority to bind the party with respect to the terms of the
350	350	5 agreement.
351	351	6 (e) An extension agreement entered into under this section does
352	352	7 not replace, or otherwise relieve the obligation of any party to
353	353	8 enter into, any other agreement that:
354	354	9 (1) sets forth the obligations and commitments of the parties
355	355	10 with respect to the:
356	356	11 (A) extension of utility infrastructure; or
357	357	12 (B) provision of utility service; and
358	358	13 (2) is required:
359	359	14 (A) by law;
360	360	15 (B) by any rule adopted by the commission; or
361	361	16 (C) under any tariff of the utility.
362	362	17 (f) If, at any time before, during, or after the completion of any
363	363	18 activity or phase of construction contemplated or undertaken in
364	364	19 connection with the development of the project site:
365	365	20 (1) a party to an extension agreement alleges that any other
366	366	21 party to the agreement has not fulfilled that party's
367	367	22 obligations or commitments under the agreement; and
368	368	23 (2) the parties have not been able to resolve the matter using
369	369	24 the informal method for resolving disputes set forth in the
370	370	25 extension agreement under subsection (b)(11);
371	371	26 the aggrieved party may submit an informal complaint to the
372	372	27 commission's consumer affairs division, in accordance with
373	373	28 IC 8-1-2-34.5(b) and the commission's rules under 170 IAC 16,
374	374	29 including provisions for referrals and appeals to the full
375	375	30 commission. If the applicant is the aggrieved party, the remedy set
376	376	31 forth in this subsection is available to the applicant regardless of
377	377	32 whether the applicant is a customer of the utility at the time the
378	378	33 complaint is submitted.
379	379	34 Sec. 10. (a) This section applies to a utility described in section
380	380	35 7(1) of this chapter, regardless of whether the utility:
381	381	36 (1) has participated in, or will participate in, a technical
382	382	37 advisory meeting with an applicant under section 8 of this
383	383	38 chapter; or
384	384	39 (2) has entered into an extension agreement with an applicant
385	385	40 under section 9 of this chapter.
386	386	41 (b) Before agreeing to extend utility infrastructure to a project
387	387	42 site in connection with a project, a utility must provide the
388	388	2025 IN 212—LS 6245/DI 119 9
389	389	1 applicant with a written summary that explains the obligations and
390	390	2 commitments that apply to:
391	391	3 (1) the utility;
392	392	4 (2) the applicant; and
393	393	5 (3) the customers to be initially served by the extension of the
394	394	6 utility infrastructure upon its installation;
395	395	7 under 170 IAC 5-1-27.
396	396	8 (c) The summary required by this section must include the
397	397	9 following:
398	398	10 (1) The circumstances under which the utility is obligated to
399	399	11 make an extension of infrastructure to prospective customers
400	400	12 free of charge, as set forth in 170 IAC 5-1-27(B).
401	401	13 (2) The conditions that apply to an extension of infrastructure
402	402	14 in any case in which the estimated cost of the extension
403	403	15 required to furnish utility service to prospective customers is
404	404	16 greater than the utility's total estimated revenue from the
405	405	17 extension, as set forth in 170 IAC 5-1-27(C). The information
406	406	18 provided under this subdivision must include information as
407	407	19 to the following:
408	408	20 (A) The requirement for the payment of a deposit by the
409	409	21 applicant, including:
410	410	22 (i) the method by which the amount of the deposit is
411	411	23 determined; and
412	412	24 (ii) the timing for payment of the deposit;
413	413	25 as set forth in 170 IAC 5-1-27(C)(1).
414	414	26 (B) The conditions under which the utility may submit an
415	415	27 application for an infrastructure extension to the
416	416	28 commission for investigation and a determination as to the
417	417	29 public convenience and necessity of the extension, as set
418	418	30 forth in 170 IAC 5-1-27(C)(2).
419	419	31 (C) The right of an initial applicant for an extension of
420	420	32 utility infrastructure to receive a refund of the applicant's
421	421	33 contribution toward the cost of the extension from each
422	422	34 customer that subsequently connects to the extension
423	423	35 within the six (6) year period following the completion of
424	424	36 the extension, as set forth in 170 IAC 5-1-27(C)(3).
425	425	37 (3) The most recent estimate of costs:
426	426	38 (A) used to establish the amounts described in subdivision
427	427	39 (2); and
428	428	40 (B) filed with the commission;
429	429	41 as described in 170 IAC 5-1-27(D).
430	430	42 (d) The summary required by this section must be in language
431	431	2025 IN 212—LS 6245/DI 119 10
432	432	1 that is clear, concise, and easily understandable to a lay person.
433	433	2 (e) The commission may prescribe the form to be used for the
434	434	3 summary required by this section.
435	435	4 Sec. 11. If the commission determines that it requires additional
436	436	5 staff to handle the volume of informal complaints submitted under
437	437	6 section 8(e) or 9(f) of this chapter, the commission may impose a
438	438	7 fee under this section. Any fee charged by the commission under
439	439	8 this section may:
440	440	9 (1) not exceed:
441	441	10 (A) the commission's actual costs in administering section
442	442	11 8(e) or 9(f) of this chapter; or
443	443	12 (B) seven hundred fifty dollars ($750);
444	444	13 whichever is less; and
445	445	14 (2) be assessed against the party against whom a decision is
446	446	15 rendered under section 8(e) or 9(f) of this chapter.
447	447	16 Sec. 12. The commission may adopt rules under IC 4-22-2 to
448	448	17 implement this chapter.
449	449	2025 IN 212—LS 6245/DI 119