Introduced Version






HOUSE BILL No. 1151

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 8-1-2.

Synopsis: Utility business practices. Provides that certain public utilities may not provide certain subsidies to affiliates or unregulated activities. Provides remedies if a public utility violates the prohibition on subsidies. Requires certain public utilities to provide the donee of a charitable contribution or other gift a statement regarding the funding of the contribution or gift. Requires those public utilities to make an annual report of charitable contributions and gifts.

Effective: July 1, 2002.





Pelath




    January 9, 2002, read first time and referred to Committee on Commerce, Economic Development and Technology.







Introduced

Second Regular Session 112th General Assembly (2002)


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.
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HOUSE BILL No. 1151



    A BILL FOR AN ACT to amend the Indiana Code concerning utilities.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 8-1-2-48.5; (02)IN1151.1.1. -->     SECTION 1. IC 8-1-2-48.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 48.5. (a) This section applies to the following:
        (1) A public utility engaged in producing, transmitting, delivering, or furnishing heat, light, or power.
        (2) A utility governed and managed by the department of public utilities for a consolidated city under IC 8-1-11.1.
    (b) This section does not apply to a telephone company (as defined in section 88 of this chapter).
    (c) As used in this section, "assigned service area" has the meaning set forth in IC 8-1-2.3-2.
    (d) As used in this section, "subsidy" means the giving by a public utility company to an affiliate or an unregulated activity of the public utility company of an advantage or preference with respect to the public utility company's resources, including any of the following:
        (1) Advertising.
        (2) Billing and mailing systems.
        (3) Customer and marketing information.
        (4) Use of the public utility's name.
    (e) A public utility subject to the commission's jurisdiction may not provide a subsidy to an affiliate or unregulated activity for a product or service offered or provided to the public by the public utility if the product or service is:
        (1) offered or provided in the public utility's assigned service area; and
        (2) not subject to the commission's jurisdiction.
    (f) A public utility company subject to the commission's jurisdiction may not lease real property from any person that is an affiliated interest of the public utility company (as defined in section 49 of this chapter).
    (g) A person that suffers a pecuniary loss from a violation of this section may file a complaint with the commission. The commission shall investigate the complaint as the commission considers appropriate. After notice and hearing, the commission may use any powers it has under this title to remedy a violation of this section, including ordering the public utility immediately to cease any activity the commission finds violates this section.
    (h) Notwithstanding subsection (g), a person that suffers a pecuniary loss from a violation of this section may file a civil action in an Indiana court having jurisdiction. If the court finds that the person has suffered a pecuniary loss, the court may do the following:
        (1) Grant appropriate injunctive relief.
        (2) Award appropriate damages.
A person that files a civil action under this subsection is not required to exhaust administrative remedies.

SOURCE: IC 8-1-2-48.7; (02)IN1151.1.2. -->     SECTION 2. IC 8-1-2-48.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 48.7. (a) This section applies to the following:
        (1) A public utility engaged in producing, transmitting, delivering, or furnishing heat, light, or power.
        (2) A utility governed and managed by the department of public utilities for a consolidated city under IC 8-1-11.1.
    (b) This section does not apply to a telephone company (as defined in section 88 of this chapter).
    (c) Whenever a public utility company subject to the commission's jurisdiction makes a gift or charitable contribution to a person, the public utility company shall give a written notice

to the person that states one (1) of the following:
        (1) "This gift is paid for by the (name of the public utility company) ratepayers.".
        (2) "This gift is offered in partnership with the (name of the public utility company) ratepayers.".
        (3) "This gift is financed by the business and residential ratepayers of (name of the public utility company).".
        (4) "This gift is donated from ratepayer dollars.".
    (d) Not later than April 30 of each year, a public utility company subject to the commission's jurisdiction shall report to the commission the following information relating to all gifts and charitable contributions made by the public utility company during the previous calendar year:
        (1) The amount and date of each contribution of more than one hundred dollars ($100).

        (2) The name of each person to whom a contribution described in subdivision (1) was given.