Indiana § 8-1-2-46 - Classification of service; commission may allow water or wastewater utility to establish customer assistance program

§ 8-1-2-46. Classification of service; commission may allow water or wastewater utility to establish customer assistance program

Sec. 46. (a) The commission shall provide for a comprehensive classification of such service for each public utility and such classification may take into account the quantity used, the time when used, the purpose for which used and other reasonable consideration. Each public utility is required to conform its schedules of rates, tolls, and charges to such classification.

(b) As used in this section, "water or wastewater utility" means:

(1) a public utility, as defined in section 1(a) of this chapter;

(2) a municipally owned utility, as defined in section 1(h) of this chapter; or

(3) a not-for-profit utility, as defined in section 125(a) of this chapter;

that provides water or wastewater service to the public.

(c) Upon request by a water or wastewater utility in a general rate case, the commission may allow, but may not require, a water or wastewater utility to establish a customer assistance program that:

(1) uses state or federal infrastructure funds; or

(2) provides financial relief to residential customers who qualify for income related assistance.

A customer assistance program established under this subsection that affects rates and charges for service is not discriminatory for purposes of this chapter or any other law regulating rates and charges for service. In considering whether to approve a water or wastewater utility's proposed customer assistance program, the commission shall determine that a customer assistance program established under this subsection furthers the interests set forth in section 0.5 of this chapter and is in the public interest.

(d) The commission shall adopt rules under IC 4-22-2 to implement this section.

Formerly: Acts 1913, c.76, s.49. As amended by P.L.91-2017, SEC.4; P.L.233-2017, SEC.9.