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.