Introduced Version






HOUSE BILL No. 1431

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-26-11; IC 14-33-5.

Synopsis: Campground utility rates. Provides that, after June 30, 2011, a campground that is billed a flat rate for sewage service may not: (1) elect to install a meter to measure sewage discharge for billing purposes; or (2) be billed based on residential equivalent units. Provides that after December 31, 2012, a campground may not file a dispute with the Indiana utility regulatory commission concerning metered or residential equivalent sewage billing. Makes conforming amendments.

Effective: July 1, 2011.





GiaQuinta




    January 18, 2011, read first time and referred to Committee on Utilities and Energy.







Introduced

First Regular Session 117th General Assembly (2011)


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 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1431



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

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

SOURCE: IC 13-26-11-2; (11)IN1431.1.1. -->     SECTION 1. IC 13-26-11-2, AS AMENDED BY P.L.189-2005, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) Except as provided in subsection (b), the rates or charges for a sewage works may be determined based on the following:
        (1) A flat charge for each connection.
        (2) The amount of water used on the premises.
        (3) The number and size of water outlets on the premises.
        (4) The amount, strength, or character of sewage discharged into the sewers.
        (5) The size of sewer connections.
        (6) Whether the property served has been or will be required to pay separately for the cost of any of the facilities of the works.
        (7) A combination of these or other factors that the board determines is necessary to establish nondiscriminatory, just, and equitable rates or charges.
    (b) If a campground is billed for sewage service at a flat rate under

subsection (a), the campground may instead elect to be billed for the sewage service under this subsection by installing, at the campground's expense, a meter to measure the actual amount of sewage discharged by the campground into the sewers. If a campground elects to be billed by use of a meter:
        (1) the rate charged by a board for the metered sewage service may not exceed the rate charged to residential customers for equivalent usage; and
        (2) the amount charged by a board for the campground's monthly sewage service for the period beginning September 1 and ending May 31 must be equal to the greater of:
            (A) the actual amount that would be charged for the sewage discharged during the month by the campground as measured by the meter; or
            (B) the lowest monthly charge paid by the campground for sewage service during the previous period beginning June 1 and ending August 31.
A campground may not make an election under this subsection after June 30, 2011.
    (c) If a campground does not install a meter under subsection (b) and is billed for sewage service at a flat rate under subsection (a), the following apply:
        (1)
For a calendar year beginning after December 31, 2004, and ending before January 1, 2012, each campsite at the campground may not equal more than one-third (1/3) of one (1) resident equivalent unit. The basic monthly charge for the campground's sewage service must be equal to the number of the campground's resident equivalent units multiplied by the rate charged by the board for a resident unit.
         (2) For a calendar year beginning after December 31, 2011, the campground is billed for sewage service at a flat rate under subsection (a).
    (d) The board may impose additional charges on a campground under subsections (b) and (c) (c)(1) if the board incurs additional costs that are caused by any unique factors that apply to providing sewage service for the campground, including, but not limited to:
        (1) the installation of:
            (A) oversized pipe; or
            (B) any other unique equipment;
        necessary to provide sewage service for the campground; and
        (2) concentrations of biochemical oxygen demand (BOD) that exceed federal pollutant standards.


SOURCE: IC 13-26-11-2.1; (11)IN1431.1.2. -->     SECTION 2. IC 13-26-11-2.1, AS ADDED BY P.L.189-2005, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.1. (a) As used in this section, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
    (b) This section applies to an owner or operator of a campground described in section 2(b) or 2(c) 2(c)(1) of this chapter who disputes:
        (1) that the campground is being billed at rates charged to residential customers for equivalent usage as required by section 2(b)(1) of this chapter;
        (2) the number of resident equivalent units determined for the campground under section 2(c) 2(c)(1) of this chapter; or
        (3) that any additional charges imposed on the campground under section 2(d) of this chapter are reasonable or nondiscriminatory.
    (c) If an owner or operator:
        (1) makes a good faith attempt to resolve a disputed matter described in subsection (b)(1) through (b)(3) through:
            (A) any grievance or complaint procedure prescribed by the board; or
            (B) other negotiations with the board; and
        (2) is dissatisfied with the board's proposed disposition of the matter;
the owner or operator may file with the commission a written request for review of the disputed matter and the board's proposed disposition of the matter to be conducted by the commission's appeals division established under IC 8-1-2-34.5(b). The owner or operator must file a request under this section with the commission and the board not later than seven (7) days after receiving notice of the board's proposed disposition of the matter. The owner or operator may not file a request under this section after December 31, 2012.
    (d) The commission's appeals division shall provide an informal review of the disputed matter. The review must include a prompt and thorough investigation of the dispute. Upon request by either party, or on the division's own motion, the division shall require the parties to attend a conference on the matter at a date, time, and place determined by the division.
    (e) In any case in which the basic monthly charge for a campground's sewage service is in dispute, the owner or operator shall pay, on any disputed bill issued while a review under this section is pending, the basic monthly charge billed during the year immediately preceding the year in which the first disputed bill is issued. If the basic monthly charge paid while the review is pending exceeds any monthly

charge determined by the commission in a decision issued under subsection (f), the board shall refund or credit the excess amount paid to the owner or operator. If the basic monthly charge paid while the review is pending is less than any monthly charge determined by the appeals division or commission in a decision issued under subsection (f), the owner or operator shall pay the board the difference owed.
    (f) After conducting the review required under subsection (d), the appeals division shall issue a written decision resolving the disputed matter. The division shall send a copy of the decision to:
        (1) the owner or operator of the campground; and
        (2) the board;
by United States mail. Not later than seven (7) days after receiving the written decision of the appeals division, either party may make a written request for the dispute to be formally docketed as a proceeding before the commission. Subject to the right of either party to an appeal under IC 8-1-3, the decision of the commission is final.
    (g) The commission shall maintain a record of all requests for a review made under this section. The record must include:
        (1) a copy of the appeals division's and commission's decision under subsection (f) for each dispute filed; and
        (2) any other documents filed with the appeals division or commission under this section.
The record must be made available for public inspection and copying in the office of the commission during regular business hours under IC 5-14-3.
    (h) The right of a campground owner or operator to request a review under this section is in addition to the right of the campground owner or operator to file a petition under section 15 of this chapter as a freeholder of the district.
    (i) The commission may adopt rules under IC 4-22-2 to implement this section.
     (j) This section expires July 1, 2014.

SOURCE: IC 14-33-5-21.1; (11)IN1431.1.3. -->     SECTION 3. IC 14-33-5-21.1, AS ADDED BY P.L.168-2009, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 21.1. (a) This section applies to a campground that:
        (1) is connected with the sewage works of a district established for the purpose described in IC 14-33-1-1(a)(5); or
        (2) uses or is served by the sewage works of a district established for the purpose described in IC 14-33-1-1(a)(5).
    (b) Beginning September 1, 2009, and ending July 31, 2011, if a campground is billed for sewage service at a flat rate under section

21(a)(1) of this chapter, the campground may instead elect to be billed for the sewage service under this subsection by installing, at the campground's expense, a meter to measure the actual amount of sewage discharged by the campground into the district's sewers. If a campground elects to be billed by use of a meter:
        (1) the rate charged by the district's board for the metered sewage service may not exceed the rate charged to residential customers for equivalent usage; and
        (2) the amount charged by the board for the campground's monthly sewage service for the period beginning September 1 and ending May 31 must be equal to the greater of:
            (A) the actual amount that would be charged for the sewage discharged during the month by the campground as measured by the meter; or
            (B) the lowest monthly charge paid by the campground for sewage service during the previous period beginning June 1 and ending August 31.
    (c) If a campground does not install a meter under subsection (b) and is billed for sewage service at a flat rate under section 21(a)(1) of this chapter, for a calendar year beginning after December 31, 2009, and ending before January 1, 2012, each campsite at the campground may not equal more than one-third (1/3) of one (1) resident equivalent unit. The basic monthly charge for the campground's sewage service must be equal to the number of the campground's resident equivalent units multiplied by the rate charged by the board for a resident unit.
     (d) For calendar years beginning after December 31, 2011, a campground is billed for sewage service at a flat rate under section 21(a)(1) of this chapter.
    (d) (e) The board may impose additional charges on a campground under subsections (b) and (c) if the board incurs additional costs that are caused by any unique factors that apply to providing sewage service for the campground, including, but not limited to:
        (1) the installation of:
            (A) oversized pipe; or
            (B) any other unique equipment;
        necessary to provide sewage service for the campground; and
        (2) concentrations of biochemical oxygen demand (BOD) that exceed federal pollutant standards.

SOURCE: IC 14-33-5-21.2; (11)IN1431.1.4. -->     SECTION 4. IC 14-33-5-21.2, AS ADDED BY P.L.168-2009, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 21.2. (a) As used in this section, "commission" refers to the Indiana utility regulatory commission created by

IC 8-1-1-2.
    (b) This section applies to an owner or operator of a campground described in section 21.1(b) or 21.1(c) of this chapter who disputes:
        (1) that the campground is being billed at rates charged to residential customers for equivalent usage as required by section 21.1(b)(1) of this chapter;
        (2) the number of resident equivalent units determined for the campground under section 21.1(c) of this chapter; or
        (3) that any additional charges imposed on the campground under section 21.1(d) 21.1(e) of this chapter are reasonable or nondiscriminatory.
    (c) If an owner or operator:
        (1) makes a good faith attempt to resolve a disputed matter described in subsection (b)(1) through (b)(3) through:
            (A) any grievance or complaint procedure prescribed by the board; or
            (B) other negotiations with the board; and
        (2) is dissatisfied with the board's proposed disposition of the matter;
the owner or operator may file with the commission a written request for review of the disputed matter and the board's proposed disposition of the matter to be conducted by the commission's appeals division established under IC 8-1-2-34.5(b). The owner or operator must file a request under this section with the commission and the board not later than seven (7) days after receiving notice of the board's proposed disposition of the matter. An owner or operator may not file a request under this section after December 31, 2012.
    (d) The commission's appeals division shall provide an informal review of the disputed matter. The review must include a prompt and thorough investigation of the dispute. Upon request by either party, or on the division's own motion, the division shall require the parties to attend a conference on the matter at a date, time, and place determined by the division.
    (e) In any case in which the basic monthly charge for a campground's sewage service is in dispute, the owner or operator shall pay, on any disputed bill issued while a review under this section is pending, the basic monthly charge billed during the year immediately preceding the year in which the first disputed bill is issued. If the basic monthly charge paid while the review is pending exceeds any monthly charge determined by the commission in a decision issued under subsection (f), the board shall refund or credit the excess amount paid to the owner or operator. If the basic monthly charge paid while the

review is pending is less than any monthly charge determined by the appeals division or commission in a decision issued under subsection (f), the owner or operator shall pay the board the difference owed.
    (f) After conducting the review required under subsection (d), the appeals division shall issue a written decision resolving the disputed matter. The division shall send a copy of the decision to:
        (1) the owner or operator of the campground; and
        (2) the board;
by United States mail. Not later than seven (7) days after receiving the written decision of the appeals division, either party may make a written request for the dispute to be formally docketed as a proceeding before the commission. Subject to the right of either party to an appeal under IC 8-1-3, the decision of the commission is final.
    (g) The commission shall maintain a record of all requests for a review made under this section. The record must include:
        (1) a copy of the appeals division's and commission's decision under subsection (f) for each dispute filed; and
        (2) any other documents filed with the appeals division or commission under this section.
The record must be made available for public inspection and copying in the office of the commission during regular business hours under IC 5-14-3.
    (h) The commission may adopt rules under IC 4-22-2 to implement this section.
     (i) This section expires July 1, 2014.