January 30, 2007





SENATE BILL No. 312

_____


DIGEST OF SB 312 (Updated January 25, 2007 11:54 am - DI 101)



Citations Affected: IC 8-1.

Synopsis: Local water corporations. Provides that the statute allowing local water corporations to withdraw from the jurisdiction of the utility regulatory commission (IURC) for certain purposes applies to a conservancy district that: (1) has as a purpose of the district the provision of water service; and (2) provides water service to less than 2,000 customers. (Currently the statute applies only to a water or sewer utility that: (1) is privately owned and serves less than 300 customers; (2) is a not-for-profit utility; or (3) is a cooperative corporation exempt from state and federal income taxes.)

Effective: July 1, 2007.





Hershman , Mishler




    January 11, 2007, read first time and referred to Committee on Utilities & Regulatory Affairs.
    January 29, 2007, reported favorably _ Do Pass.






January 30, 2007

First Regular Session 115th General Assembly (2007)


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 2006 Regular Session of the General Assembly.

SENATE BILL No. 312



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

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

SOURCE: IC 8-1-2.7-1.3; (07)SB0312.1.1. -->     SECTION 1. IC 8-1-2.7-1.3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1.3. (a) This chapter applies to the following:
        (1) A public utility established to provide water service that is:
            (A) privately owned and serves less than three hundred (300) customers;
            (B) a not-for-profit utility (as defined by IC 8-1-2-125(a)); or
            (C) a cooperative corporation exempt from state and federal income taxation; or
            (D) a conservancy district established under IC 14-33-2 that:
                (i) has as a purpose of the district the provision of a water supply, including the treatment and distribution of water, for domestic, industrial, and public use; and
                (ii) provides water service to less than two thousand (2,000) customers.

        (2) A public utility established to provide sewage disposal service

(as defined in IC 8-1-2-89(a)(1)) that holds a certificate of territorial authority as required by IC 8-1-2-89, and that is:
            (A) privately owned and serves less than three hundred (300) customers;
            (B) a not-for-profit utility (as defined in IC 8-1-2-125(a)); or
            (C) a cooperative corporation exempt from state and federal income taxation.
        (3) Except as provided in subsection (b), a legal entity providing only sewage treatment service to a not-for-profit sewage disposal company.
    (b) Subsection (a)(3) does not include a sewage treatment provider that is otherwise subject to the commission's jurisdiction.