*ES0426.1*
March 13, 2025
ENGROSSED
SENATE BILL No. 426
_____
DIGEST OF SB 426 (Updated March 11, 2025 1:33 pm - DI 140)
Citations Affected: IC 8-1; IC 13-18; IC 14-26.
Synopsis: Water utilities. Includes water utilities within the scope of
the statute that subjects wastewater utilities that: (1) are not under the
jurisdiction of the Indiana utility regulatory commission (IURC) for the
approval of rates and charges; and (2) have been issued one or more
enforcement orders by the department of environmental management;
to a series of oversight actions by the IURC for each additional
enforcement order, including rate review, rate regulation, and the
initiation of a receivership proceeding. Makes a conforming
amendment to the statute that governs the process by which water
utilities and wastewater utilities may withdraw from the jurisdiction of
the IURC. Amends the statute governing the acquisition of water
utilities and wastewater utilities to require the IURC to consider and
authorize mechanisms to allow utility companies to integrate into their
systems, invest in, and earn on acquired utility assets, subject to a
(Continued next page)
Effective: Upon passage; July 1, 2025.
Koch, Doriot, Hunley, Leising,
Ford J.D., Donato
(HOUSE SPONSOR — SOLIDAY)
January 13, 2025, read first time and referred to Committee on Utilities.
February 6, 2025, amended, reported favorably — Do Pass.
February 10, 2025, read second time, amended, ordered engrossed.
February 11, 2025, engrossed. Read third time, passed. Yeas 46, nays 3.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
March 13, 2025, reported — Do Pass.
ES 426—LS 7170/DI 101 Digest Continued
finding by the IURC that the proposed mechanism is just and
reasonable and in the public interest. Amends the statute governing the
recovery of costs for eligible infrastructure improvements made by
water or wastewater utilities to provide that, in the case of a public
utility (as defined in the Indiana Code), "infrastructure improvement
costs" eligible for recovery include: (1) deferred depreciation expense;
and (2) post in service carrying costs; for the eligible infrastructure
improvements. Adds language to the Indiana Code chapter governing
public water supplies to provide that a complaint: (1) seeking damages
from a water utility; and (2) arising out of an alleged exposure to
drinking water supplied by the water utility; is barred if the water
supplied by the water utility met applicable regulatory standards under
specified federal and state law. Amends the Indiana Code section
prohibiting the department of natural resources (department) from
regulating certain activities within the 100 year flood level of a water
supply reservoir owned and operated by a municipality or a public
utility for the purpose of providing water utility service to the public to
also prohibit the department from ordering the closure or removal, or
the partial closure or removal, of: (1) a dam that forms such a water
supply reservoir; or (2) a dam that forms or contains a body of water
that is used to supply one or more private water wells; if the closure or
removal, or the partial closure or removal, of the dam would impact the
provision of water utility service to the public or the supply of water to
one or more private water wells.
ES 426—LS 7170/DI 101ES 426—LS 7170/DI 101 March 13, 2025
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.
ENGROSSED
SENATE BILL No. 426
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 8-1-1.9-5, AS ADDED BY P.L.18-2022, SECTION
2 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2025]: Sec. 5. (a) This section applies to a water or wastewater utility
4 that:
5 (1) is not subject to the jurisdiction of the commission for the
6 approval of rates and charges; and
7 (2) has been issued one (1) or more enforcement orders after:
8 (A) June 30, 2022, in connection with the provision of
9 wastewater service; or
10 (B) June 30, 2025, in connection with the provision of
11 water service.
12 (b) As used in this section, "department enforcement action" means
13 an action of the department of environmental management commenced
14 under IC 13-30-3.
15 (c) As used in this section, "enforcement order" means an order,
ES 426—LS 7170/DI 101 2
1 including an agreed order under IC 13-30-3-3:
2 (1) resulting from a department enforcement action; and
3 (2) relating to environmental or health and human safety issues.
4 (d) Notwithstanding section 3 of this chapter, as used in this
5 section, "wastewater "water or wastewater utility" means any of the
6 following that provides water service, wastewater service, or both
7 water service and wastewater service to the public in Indiana:
8 (1) A public utility (as defined in IC 8-1-2-1(a)).
9 (2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
10 (3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).
11 (4) A cooperatively owned corporation.
12 (5) A conservancy district established under IC 14-33.
13 (6) A regional water or sewer district established under IC 13-26.
14 (e) The following apply to a water or wastewater utility that is
15 subject to this section:
16 (1) Except as provided in clause (C) in the case of a water
17 utility, upon the issuance of the first enforcement order with
18 respect to the water or wastewater utility, the commission shall
19 do the following:
20 (A) Perform an informal review, using such procedures as the
21 commission may choose, of the rates and charges of the water
22 or wastewater utility to determine if the rates and charges are
23 sufficient to:
24 (i) operate and maintain the water or wastewater utility's
25 distribution system or collection and treatment system, as
26 applicable; and
27 (ii) pay all obligations of the water or wastewater utility's
28 distribution system or collection and treatment system, as
29 applicable. and
30 (B) Determine whether all elements of an adequate asset
31 management program are in place with respect to the water or
32 wastewater utility's distribution system or collection and
33 treatment system, as applicable.
34 (C) In the case of a water utility, the commission shall not:
35 (i) initiate an informal review of the water utility's rates
36 and charges under clause (A); or
37 (ii) proceed to determine whether all elements of an
38 adequate asset management program are in place with
39 respect to the water utility's distribution system under
40 clause (B);
41 unless twelve (12) months have elapsed since the effective
42 date of the first enforcement order and the water utility
ES 426—LS 7170/DI 101 3
1 has not remedied within that time the violation for which
2 the enforcement order was issued.
3 In making a determination under clause (B), the commission may
4 consult with the drinking water and wastewater infrastructure
5 research and extension program authorized by IC 5-1.2-11.5-10.
6 Notwithstanding IC 8-1-1-5(b), commission staff shall not be
7 subject to cross examination in any subsequent proceeding in
8 connection with any documents prepared during an informal
9 review under this subdivision.
10 (2) If within two (2) years of the effective date of the first
11 enforcement order a second enforcement order is issued with
12 respect to the water or wastewater utility within two (2) years of
13 the effective date of the first enforcement order, in connection
14 with the same type of service for which the first enforcement
15 order was issued, the water or wastewater utility:
16 (A) shall undergo a base rate case before the commission; and
17 (B) becomes subject to the jurisdiction of the commission for
18 the approval of rates and charges upon the effective date of the
19 second enforcement order;
20 with respect to that service. After this first required rate case,
21 the water or wastewater utility shall undergo one (1) subsequent
22 rate case before the commission not earlier than three (3) years
23 after the effective date of the commission's order in the first rate
24 case under this subdivision. The water or wastewater utility shall
25 remain subject to the jurisdiction of the commission for the
26 approval of rates and charges for a minimum of five (5) years
27 from the effective date of the commission's order in the first rate
28 case under this subdivision and for at least one (1) year after the
29 effective date of the commission's order in the second rate case
30 under this subdivision. For purposes of determining rates and
31 charges under this subdivision, if the a wastewater utility also
32 provides storm water services or is considered a combined sewer
33 system, the commission may consider any revenues collected by
34 the wastewater utility for storm water services. However, the
35 commission may not order storm water rates to be adjusted.
36 (3) Notwithstanding IC 8-1-2.7, if the water or wastewater utility:
37 (A) satisfies the requirements set forth in subdivision (2); and
38 (B) is not issued any additional enforcement orders during the
39 rate regulation period described in subdivision (2);
40 the water or wastewater utility shall provide to the commission
41 written notice to that effect. If the commission determines that the
42 water or wastewater utility has satisfied the requirements set
ES 426—LS 7170/DI 101 4
1 forth in subdivision (2) and has not been issued any additional
2 enforcement orders during the rate regulation period described in
3 subdivision (2), the water or wastewater utility shall be
4 withdrawn from the commission's jurisdiction.
5 (4) If, during the rate regulation period described in subdivision
6 (2):
7 (A) one (1) or more additional enforcement orders are issued
8 with respect to the water or wastewater utility in connection
9 with the same service for which the first two (2)
10 enforcement orders were issued; or
11 (B) the commissioner of the department of environmental
12 management otherwise determines that environmental or
13 health and human safety considerations so warrant;
14 the commission may, in consultation with the department of
15 environmental management, initiate a receivership proceeding
16 with respect to the water or wastewater utility.
17 (5) Subdivision (1) applies with respect to any enforcement order
18 that is issued with respect to the water or wastewater utility after
19 the completion of the rate regulation period described in
20 subdivision (2).
21 (f) The commission may enter into an agreement with the
22 department to carry out the requirements set forth in subsection (e).
23 (g) An action by the department of environmental management
24 under this section is subject to review under IC 4-21.5.
25 (h) An action by the commission under this section is subject to
26 review under IC 8-1-3.
27 SECTION 2. IC 8-1-2.7-2, AS AMENDED BY P.L.60-2024,
28 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 2. (a) This chapter provides the exclusive statutory
30 manner for a utility described in section 1.3(a)(1) or 1.3(a)(2) of this
31 chapter to withdraw from the jurisdiction of the commission for the
32 approval of the following:
33 (1) Rates and charges.
34 (2) Stocks, bonds, notes, or other evidence of indebtedness.
35 (3) Rules.
36 (4) The annual report filing requirement.
37 (b) Notwithstanding any other provision in this article, a sewer
38 disposal company described in section 1.3(a)(2) of this chapter shall
39 not initiate operations or provide service or seek commission authority
40 to do so within a territory for which the commission has granted
41 operating and territorial authority to any other entity, which has not
42 been revoked.
ES 426—LS 7170/DI 101 5
1 (c) A sewage disposal company described in section 1.3(a)(2) of this
2 chapter that has withdrawn from commission jurisdiction under this
3 chapter shall offer service to all customers within the territory for
4 which the commission has granted the utility territorial authority.
5 (d) A sewage disposal company utility described in section
6 1.3(a)(1) or 1.3(a)(2) of this chapter that is subject to the commission's
7 jurisdiction under IC 8-1-1.9-5(e)(2) for having been issued more than
8 one (1) enforcement order (as defined in IC 8-1-1.9-5(c)) within the
9 time specified in IC 8-1-1.9-5(e)(2) may not seek to withdraw from the
10 commission's jurisdiction under this chapter during the rate regulation
11 period set forth in IC 8-1-1.9-5(e)(2).
12 SECTION 3. IC 8-1-30.3-0.5 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. (a) To encourage the
15 consolidation of utility companies under this chapter, the
16 commission shall consider and authorize mechanisms:
17 (1) outside of a general rate case; and
18 (2) in addition to the inclusion of a cost differential in a utility
19 company's rate base under section 5 of this chapter;
20 to allow utility companies to integrate into their systems, invest in,
21 and earn on acquired utility assets.
22 (b) The commission shall authorize a mechanism under
23 subsection (a) if the commission finds that the proposed mechanism
24 is just and reasonable and in the public interest.
25 (c) The commission may adopt rules under IC 4-22-2 to
26 implement this section.
27 SECTION 4. IC 8-1-31-5.5, AS AMENDED BY P.L.61-2022,
28 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 5.5. As used in this chapter, "infrastructure
30 improvement costs" means the following:
31 (1) For a public utility:
32 (A) depreciation expenses, including deferred depreciation
33 expense beginning with the in service date of eligible
34 infrastructure improvements;
35 (B) property taxes to be paid by the public utility based upon
36 the first assessment date following placement in service; and
37 (C) pretax return; and
38 (D) post in service carrying costs, compounded monthly
39 and based on the overall weighted cost of capital most
40 recently approved by the commission;
41 associated with eligible infrastructure improvements.
42 (2) The following for a municipally owned utility:
ES 426—LS 7170/DI 101 6
1 (A) Depreciation expenses.
2 (B) Adequate money for making extensions and replacements
3 of eligible infrastructure improvements to the extent not
4 provided for through depreciation, as provided in
5 IC 8-1.5-3-8(c).
6 (C) Debt service on funds borrowed to pay for eligible
7 infrastructure improvements.
8 (D) To the extent applicable, property taxes to be paid by the
9 municipally owned utility based upon the first assessment date
10 following placement in service of eligible infrastructure
11 improvements.
12 (3) The following for a not-for-profit utility:
13 (A) Debt service on funds borrowed to pay for eligible
14 infrastructure improvements.
15 (B) Adequate money for making extensions and replacements
16 of eligible infrastructure improvements.
17 (C) To the extent applicable, property taxes to be paid by the
18 not-for-profit utility based upon the first assessment date
19 following placement in service of eligible infrastructure
20 improvements.
21 SECTION 5. IC 13-18-16-13.5 IS ADDED TO THE INDIANA
22 CODE AS A NEW SECTION TO READ AS FOLLOWS
23 [EFFECTIVE JULY 1, 2025]: Sec. 13.5. (a) As used in this section,
24 "water utility" means:
25 (1) a public utility (as defined in IC 8-1-2-1(a));
26 (2) a municipally owned utility (as defined in IC 8-1-2-1(h));
27 (3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
28 (4) a cooperatively owned corporation;
29 (5) a conservancy district established under IC 14-33; or
30 (6) a regional water district established under IC 13-26;
31 that provides water service to the public in Indiana for
32 compensation.
33 (b) Notwithstanding any other law, a complaint:
34 (1) seeking damages from a water utility; and
35 (2) arising out of an alleged exposure to drinking water
36 supplied by the water utility;
37 is barred if the water supplied by the water utility met applicable
38 regulatory standards under the Safe Drinking Water Act (42
39 U.S.C. 300f et seq.), Indiana law, or rules adopted by the board.
40 SECTION 6. IC 14-26-2-16, AS AMENDED BY P.L.164-2024,
41 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 UPON PASSAGE]: Sec. 16. (a) As used in this section, "water supply
ES 426—LS 7170/DI 101 7
1 reservoir" means a body of water formed by a dam wholly owned and
2 operated by a municipality or a public utility (as defined in IC 8-1-2-1)
3 for the purpose of providing water utility service to the public. The
4 term does not include the following:
5 (1) Tributary streams that drain into the body of water.
6 (2) Wetlands associated with those streams.
7 (b) Notwithstanding any other law, the department may not regulate
8 the following activities conducted within the one hundred (100) year
9 flood level of a water supply reservoir:
10 (1) Sediment removal, dredging for the purpose of providing
11 water supply storage, seawall construction, or the maintenance of
12 water intake structures.
13 (2) Restoration or stabilization of the shoreline.
14 (c) A person may perform an activity under subsection (b) without
15 a permit issued by the department.
16 (d) Subject to subsection (e) and notwithstanding any other law,
17 the department may not order the closure or removal, or the
18 partial closure or removal, of:
19 (1) a dam described in subsection (a); or
20 (2) a dam that forms or contains a body of water that is used
21 to supply one (1) or more private water wells, including a dam
22 described in IC 14-27-7.7;
23 if the closure or removal, or the partial closure or removal, of the
24 dam would impact either the provision of water utility service to
25 the public or the supply of water to one (1) or more private water
26 wells, as applicable.
27 (d) (e) This section does not restrict the department's ability to
28 regulate the safety or maintenance of a dam or other control structure
29 under IC 14-27-7.5, including the department's authority to take
30 emergency measures under IC 14-27-7.5-12.
31 SECTION 7. An emergency is declared for this act.
ES 426—LS 7170/DI 101 8
COMMITTEE REPORT
Mr. President: The Senate Committee on Utilities, to which was
referred Senate Bill No. 426, has had the same under consideration and
begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 8-1-1.9-5, AS ADDED BY P.L.18-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) This section applies to a water or
wastewater utility that:
(1) is not subject to the jurisdiction of the commission for the
approval of rates and charges; and
(2) has been issued one (1) or more enforcement orders after:
(A) June 30, 2022, in connection with the provision of
wastewater service; or
(B) June 30, 2025, in connection with the provision of
water service.
(b) As used in this section, "department enforcement action" means
an action of the department of environmental management commenced
under IC 13-30-3.
(c) As used in this section, "enforcement order" means an order,
including an agreed order under IC 13-30-3-3:
(1) resulting from a department enforcement action; and
(2) relating to environmental or health and human safety issues.
(d) Notwithstanding section 3 of this chapter, as used in this
section, "wastewater "water or wastewater utility" means any of the
following that provides water service, wastewater service, or both
water service and wastewater service to the public in Indiana:
(1) A public utility (as defined in IC 8-1-2-1(a)).
(2) A municipally owned utility (as defined in IC 8-1-2-1(h)).
(3) A not-for-profit utility (as defined in IC 8-1-2-125(a)).
(4) A cooperatively owned corporation.
(5) A conservancy district established under IC 14-33.
(6) A regional water or sewer district established under IC 13-26.
(e) The following apply to a water or wastewater utility that is
subject to this section:
(1) Except as provided in clause (C) in the case of a water
utility, upon the issuance of the first enforcement order with
respect to the water or wastewater utility, the commission shall
do the following:
ES 426—LS 7170/DI 101 9
(A) Perform an informal review, using such procedures as the
commission may choose, of the rates and charges of the water
or wastewater utility to determine if the rates and charges are
sufficient to:
(i) operate and maintain the water or wastewater utility's
distribution system or collection and treatment system, as
applicable; and
(ii) pay all obligations of the water or wastewater utility's
distribution system or collection and treatment system, as
applicable. and
(B) Determine whether all elements of an adequate asset
management program are in place with respect to the water or
wastewater utility's distribution system or collection and
treatment system, as applicable.
(C) In the case of a water utility, the commission shall not:
(i) initiate an informal review of the water utility's rates
and charges under clause (A); or
(ii) proceed to determine whether all elements of an
adequate asset management program are in place with
respect to the water utility's distribution system under
clause (B);
unless twelve (12) months have elapsed since the effective
date of the first enforcement order and the water utility
has not remedied within that time the violation for which
the enforcement order was issued.
In making a determination under clause (B), the commission may
consult with the drinking water and wastewater infrastructure
research and extension program authorized by IC 5-1.2-11.5-10.
Notwithstanding IC 8-1-1-5(b), commission staff shall not be
subject to cross examination in any subsequent proceeding in
connection with any documents prepared during an informal
review under this subdivision.
(2) If within two (2) years of the effective date of the first
enforcement order a second enforcement order is issued with
respect to the water or wastewater utility within two (2) years of
the effective date of the first enforcement order, in connection
with the same type of service for which the first enforcement
order was issued, the water or wastewater utility:
(A) shall undergo a base rate case before the commission; and
(B) becomes subject to the jurisdiction of the commission for
the approval of rates and charges upon the effective date of the
second enforcement order;
ES 426—LS 7170/DI 101 10
with respect to that service. After this first required rate case,
the water or wastewater utility shall undergo one (1) subsequent
rate case before the commission not earlier than three (3) years
after the effective date of the commission's order in the first rate
case under this subdivision. The water or wastewater utility shall
remain subject to the jurisdiction of the commission for the
approval of rates and charges for a minimum of five (5) years
from the effective date of the commission's order in the first rate
case under this subdivision and for at least one (1) year after the
effective date of the commission's order in the second rate case
under this subdivision. For purposes of determining rates and
charges under this subdivision, if the a wastewater utility also
provides storm water services or is considered a combined sewer
system, the commission may consider any revenues collected by
the wastewater utility for storm water services. However, the
commission may not order storm water rates to be adjusted.
(3) Notwithstanding IC 8-1-2.7, if the water or wastewater utility:
(A) satisfies the requirements set forth in subdivision (2); and
(B) is not issued any additional enforcement orders during the
rate regulation period described in subdivision (2);
the water or wastewater utility shall provide to the commission
written notice to that effect. If the commission determines that the
water or wastewater utility has satisfied the requirements set
forth in subdivision (2) and has not been issued any additional
enforcement orders during the rate regulation period described in
subdivision (2), the water or wastewater utility shall be
withdrawn from the commission's jurisdiction.
(4) If, during the rate regulation period described in subdivision
(2):
(A) one (1) or more additional enforcement orders are issued
with respect to the water or wastewater utility in connection
with the same service for which the first two (2)
enforcement orders were issued; or
(B) the commissioner of the department of environmental
management otherwise determines that environmental or
health and human safety considerations so warrant;
the commission may, in consultation with the department of
environmental management, initiate a receivership proceeding
with respect to the water or wastewater utility.
(5) Subdivision (1) applies with respect to any enforcement order
that is issued with respect to the water or wastewater utility after
the completion of the rate regulation period described in
ES 426—LS 7170/DI 101 11
subdivision (2).
(f) The commission may enter into an agreement with the
department to carry out the requirements set forth in subsection (e).
(g) An action by the department of environmental management
under this section is subject to review under IC 4-21.5.
(h) An action by the commission under this section is subject to
review under IC 8-1-3.
SECTION 2. IC 8-1-2.7-2, AS AMENDED BY P.L.60-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) This chapter provides the exclusive statutory
manner for a utility described in section 1.3(a)(1) or 1.3(a)(2) of this
chapter to withdraw from the jurisdiction of the commission for the
approval of the following:
(1) Rates and charges.
(2) Stocks, bonds, notes, or other evidence of indebtedness.
(3) Rules.
(4) The annual report filing requirement.
(b) Notwithstanding any other provision in this article, a sewer
disposal company described in section 1.3(a)(2) of this chapter shall
not initiate operations or provide service or seek commission authority
to do so within a territory for which the commission has granted
operating and territorial authority to any other entity, which has not
been revoked.
(c) A sewage disposal company described in section 1.3(a)(2) of this
chapter that has withdrawn from commission jurisdiction under this
chapter shall offer service to all customers within the territory for
which the commission has granted the utility territorial authority.
(d) A sewage disposal company utility described in section
1.3(a)(1) or 1.3(a)(2) of this chapter that is subject to the commission's
jurisdiction under IC 8-1-1.9-5(e)(2) for having been issued more than
one (1) enforcement order (as defined in IC 8-1-1.9-5(c)) within the
time specified in IC 8-1-1.9-5(e)(2) may not seek to withdraw from the
commission's jurisdiction under this chapter during the rate regulation
period set forth in IC 8-1-1.9-5(e)(2).".
Page 1, between lines 10 and 11, begin a new paragraph and insert:
"(b) The commission shall authorize a mechanism under
subsection (a) if the commission finds that the proposed mechanism
is just and reasonable and in the public interest.".
Page 1, line 11, delete "(b)" and insert "(c)".
Page 2, between lines 31 and 32, begin a new paragraph and insert:
"SECTION 5. IC 13-18-16-13.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
ES 426—LS 7170/DI 101 12
[EFFECTIVE JULY 1, 2025]: Sec. 13.5. (a) As used in this section,
"water utility" means:
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h));
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) a cooperatively owned corporation;
(5) a conservancy district established under IC 14-33; or
(6) a regional water district established under IC 13-26;
that provides water service to the public in Indiana for
compensation.
(b) Notwithstanding any other law, a complaint:
(1) seeking damages from a water utility; and
(2) arising out of an alleged exposure to drinking water
supplied by the water utility;
is barred if the water supplied by the water utility met applicable
regulatory standards under the Safe Water Drinking Act (42
U.S.C. 300f et seq.), Indiana law, or rules adopted by the board.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 426 as introduced.)
KOCH, Chairperson
Committee Vote: Yeas 9, Nays 0.
_____
SENATE MOTION
Mr. President: I move that Senate Bill 426 be amended to read as
follows:
Page 6, line 36, delete "Water Drinking" and insert "Drinking
Water".
(Reference is to SB 426 as printed February 7, 2025.)
KOCH
ES 426—LS 7170/DI 101 13
COMMITTEE REPORT
Mr. Speaker: Your Committee on Utilities, Energy and
Telecommunications, to which was referred Senate Bill 426, has had
the same under consideration and begs leave to report the same back
to the House with the recommendation that said bill do pass.
(Reference is to SB 426 as reprinted February 11, 2025.)
SOLIDAY
Committee Vote: Yeas 9, Nays 3
ES 426—LS 7170/DI 101