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Indiana Code 8-1-2-4.3. Rate or charge adjustment reflecting repeal of utility receipts tax; notice to affected customers

   Sec. 4.3. (a) This section applies to a utility that is:

(1) subject to the utility receipts tax under IC 6-2.3; and

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Terms Used In Indiana Code 8-1-2-4.3

  • Commission: as used in this chapter , means the commission created by IC 8-1-1-2. See Indiana Code 8-1-2-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Rate: as used in this chapter , means every individual or joint rate, fare, toll, charge, rental, or other compensation of any utility or any two (2) or more such individual or joint rates, fares, tolls, charges, rentals, or other compensation of any utility or any schedule or tariff thereof, but nothing in this subsection shall give the commission any control, jurisdiction, or authority over the rate charged by a municipally owned utility except as in this chapter expressly provided. See Indiana Code 8-1-2-1
  • Utility: as used in this chapter , means every plant or equipment within the state used for:

    Indiana Code 8-1-2-1

(2) not under the jurisdiction of the commission for the approval of rates and charges;

on January 1, 2022.

     (b) A utility shall adjust the utility’s rates and charges to reflect the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly. A rate or charge adjustment under this section shall operate on a prospective basis.

     (c) A rate or charge adjustment under this section:

(1) applies to each rate or charge in effect at the time of the adjustment that includes recovery of the utility receipts tax; and

(2) shall be calculated to remove the amount of the utility receipts tax that each existing rate or charge was designed to recover based on the utility receipts tax rate in effect at the time the rate or charge was established.

     (d) The utility shall provide notice to all affected customers in each of the next two (2) regular billing cycles that the adjustment in rates or charges reflects the repeal of the utility receipts tax (IC 6-2.3, before its repeal) in HEA 1002-2022 by the general assembly. Notice provided under this subsection must include the amount of the adjustment reflected in the bill.

As added by P.L.138-2022, SEC.16.

Indiana Code 8-1-2.4-3. Participation of utilities; encouragement

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Terms Used In Indiana Code 8-1-2.4-3

   Sec. 3. The commission shall encourage the participation of utilities in alternate energy production facilities, cogeneration facilities, small hydro facilities, and private generation projects.

As added by Acts 1982, P.L.72, SEC.1. Amended by P.L.222-2014, SEC.3.