Indiana § 8-1-2-101.2 - Municipal council or county executive prohibited from regulating utility service based on energy source used

§ 8-1-2-101.2. Municipal council or county executive prohibited from regulating utility service based on energy source used

Sec. 101.2. (a) The following definitions apply throughout this section:

(1) "Energy source" means:

(A) the method of generation; or

(B) the fuel source;

used to provide or supply utility service to a customer. The term includes any energy source used to provide utility service, including a clean energy resource (as defined in IC 8-1-37-4).

(2) "Executive" has the meaning set forth in IC 36-1-2-5.

(3) "Municipal council" has the meaning set forth in section 1(b) of this chapter.

(4) "Utility service" means any service provided by a liquid petroleum gas company, a public utility, or a department of public utilities relating to:

(A) the generation, production, transmission, or distribution of electricity or thermal energy to or for the public, for compensation; or

(B) the production, manufacture, storage, transportation, distribution, sale, or furnishing of:

(i) natural gas;

(ii) artificial or manufactured gas; or

(iii) a mixture of natural gas and artificial or manufactured gas;

to or for the public, for compensation;

for heat, light, power, or other uses.

(b) A municipal council or county executive does not have the power to enact any code, ordinance, or land use regulation that would prohibit or have the effect of prohibiting, or to otherwise regulate in a manner that would prohibit or have the effect of prohibiting:

(1) a liquid petroleum gas company, a public utility, or a department of public utilities from furnishing utility service to a utility customer; or

(2) a customer of a liquid petroleum gas company, a public utility, or a department of public utilities from:

(A) purchasing;

(B) using; or

(C) connecting or reconnecting to;

a utility service;

based on the energy source of the utility service.

(c) This section does not prohibit a liquid petroleum gas company, a public utility, or a department of public utilities from disconnecting utility service to a customer in accordance with the company's, utility's, or department's approved terms and conditions for service, including when an imminent danger to public safety exists.

As added by P.L.180-2021, SEC.1.