Second Regular Session 113th General Assembly (2004)


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 ENROLLED ACT No. 1293



     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 8-1.5-3.5; (04)HE1293.1.1. -->     SECTION 1. IC 8-1.5-3.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]:
     Chapter 3.5. Water Bill Adjustments for Undetected Leaks
    Sec. 1. As used in this section, "unusually large bill" means a residential water bill that reflects monthly water usage, in whatever units measured, that is at least two (2) times the customer's average monthly usage at the premises.
    Sec. 2. As used in this section, "utility" refers to a water utility owned or operated by a municipality.
    Sec. 3. Notwithstanding IC 8-1-2-103(a), a utility may adjust an unusually large bill if the excess usage reflected in the bill is caused by physical damage to any facility or equipment supplying water to the premises and the damage:
        (1) is not visible or detectable on the customer's premises except upon excavation or some other disturbance of the property; and
        (2) is not the result of an act of the customer, or of any agent or contractor hired by the customer.
    Sec. 4. A utility that elects to adjust unusually large bills must do so in accordance with policies adopted by the utility. The utility's policies must specify the procedures by which a customer

may request an adjustment and prove the damage described in section 3 of this chapter.

SOURCE: IC 13-26-10-3; (04)HE1293.1.2. -->     SECTION 2. IC 13-26-10-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. Revenue bonds may:
        (1) bear interest, at a rate or rates not exceeding the maximum determined by the board, that is payable annually or at shorter intervals; accretes as determined by the board;
        (2) mature at a time or times to be determined by ordinance; and
        (3) be made redeemable before maturity at the option of the district, to be exercised by the board, at not more than the par value and a premium not exceeding five percent (5%) under terms and conditions that are fixed by the ordinance authorizing the issuance of the bonds.


HEA 1293

Figure

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