Category Archives: Legislation

Legislative Update – 2014

The following changes were enacted by the 201 legislature.

SENATE BILL No. 405 Author: Yoder Citations Affected: IC 8-1-26

Synopsis: Underground utility facilities. Amends the statute concerning the location and protection of underground utility facilities (facilities) during excavation or demolition activities to require, with respect to an excavation or demolition in an unincorporated area, the excavator to submit a separate locate request and notice of the excavation or demolition (notice) to the Indiana Underground Plant Protection Service (association) for at least every 2,640 linear feet (versus every 2,500 linear feet under current law) of proposed excavation or demolition. Provides that a notice expires 20 days after the date the notice is submitted to the association. Provides that if, at the conclusion of the 20 day period, any part of the excavation or demolition is not complete at any part of the site for which the original notice was submitted, the excavator may not continue or resume the excavation or demolition until: (1) the excavator submits to the association a new locate request and notice for that part of the site for which the excavation or demolition is not complete; and (2) each affected utility operator (operator) provides facility locate markings for that part of the site for which the new locate request and notice are submitted. Provides that if an operator receiving notice of a proposed excavation determines that the operator is unable to: (1) locate and mark the operator’s affected facilities not later than the expiration of the statute’s mandated two-day period for doing so; or (2) mark the approximate location of the operator’s affected facilities; the operator shall notify the excavator and provide additional information and, if requested, onsite assistance to the excavator. Provides that mechanized equipment may not be used to perform an excavation within two feet of either side of the outer limits of a facility unless the excavator meets certain conditions. Provides that mechanized equipment may be used for the initial penetration and removal of pavement or other manmade hard surfaces if certain conditions are met. Urges the legislative council to assign to a study committee during the 2014 legislative interim the topics of underground facilities generally and the technology used to determine the elevation or depth, or both, of facilities subject to the statute. Provides that if a committee is assigned this topic for study, the committee shall not later than November 1, 2014, report its findings and recommendations to the legislative council and the governor. Makes technical changes.

HOUSE BILL No. 1170 Author: Kersey Citations Affected: IC 13-26-4-6

Synopsis: Regional district trustees. Provides that, with respect to a regional water, sewage, or solid waste district in which a majority of ratepayers and property owners are not individuals, only an individual who is registered to vote at an address located in the district may be appointed as a trustee of the district.

Thanks to IRSDA for this update.

HOUSE BILL No. 1187 Author: Bacon Citations Affected: IC 36-9

Synopsis: Municipal utility service. Provides that a municipal utility’s offering or providing of water or wastewater service in an area outside the corporate boundaries of the utility’s municipality is under the jurisdiction of the Indiana utility regulatory commission (IURC) under certain circumstances. Establishes criteria that the IURC must consider in resolving service disputes involving municipal utilities. Provides that the IURC may recover from a municipal utility costs associated with an investigation concerning utility service outside the corporate boundaries of the municipality.

Letter to Senator Smith

Senator Smith:

I am writing to you as president of the Washington Township Regional Sewage District, a district located in Washington Township, Clark County.

It has come to my attention that HB1117 will soon be considered by the Senate and there are constituencies which may wish to amend the bill to prevent Regional Sewage Districts (RSD) from filing liens on past due accounts.  Our residents are served by Washington Township water Corporation, a co-op.  The RSD has, on many occasions, approach the water corp and requested their cooperation to disconnect water service from customers who are in arrears on their sewer bill.  They have consistently refused to do this as they are uncertain of its legality.  That leaves us with two options to collect past due accounts: we can file a lien on the property or, after notifying the County Health Department, disconnect the sewer line serving the property.  We have regularly filed liens to collect past due accounts and this method has been quite effective.  Our bylaws permit us to use the disconnect for persistent offenders but we have not, to this date, done so as it is quite expensive for the property owner and will also result in the County Health Department immediately condemning the property.

If language is added to HB1117 to prevent us filing liens, we will have to resort to disconnection to enforce collections.  This is a severe unintended consequence which I don’t think the Senate wishes to see happen.  I therefore urge you to vote against any amendment which would prohibit the RSD from filing liens. An amendment which specifically allows cooperation between water corporations and RSDs to disconnect water service to enforce payment of past due sewer bills, however, would be quite helpful.

Thank you.

Ronald L Repp
Washington Township Regional Sewage District

Pending Legislation

The Indiana legislature is considering two bills which impact the operation of regional sewer districts:  House Bill 1117 andHouse Bill 1225.

The above links lead to the text of the bills.  Here are links to a summary: HB1117  HB1125

The Indiana Regional Sewer District ASsociation has analyzed these bills and provided comments available here:  HB 1117  HB 1225

Primary impacts of this legislation are as follows:

HB 1117

Allows people with a functioning “sewage disposal system” to be exempt from connecting to a sewer system.  Failure to require connection will increase the costs for all those connected and increase rates for all while having deleterious impacts on public health. Also note that a “sewage disposal system” could include a cesspool or an outhouse.

HB 1225:

1. Allows people with functioning septic systems to opt out of connecting to a sewer system.    This would increase the rate all must pay by reducing the number of connections to the system.

2.  Prevents charging for lots during construction. We have not been faced with this but when a system must be expanded to accommodate new developments, the initial charges for lots under development are used to make the initial bond payments.

3. Eliminates the ability for districts to file liens on property to collect bills. With no other method of enforcement to collect past due bills, we will be forced to disconnect people from the sewer system, a costly and lengthy process.  This is very expensive for the ratepayer and may result in their property being condemned by the health department.

HB 1225

 

2012 Legislation

WTRSD is a member of the Indiana Regional Sewer District Association, a group which provides us with many valuable services.  They have prepared a list of legislation introduced in the 2012 session that impacts the operation of regional sewer districts.

A copy of the report is provided for your information:  2012 Bills of Interest