Eric Koch
- Republican
- Senator
- District 44
Author
Prohibits a water utility from constructing a long haul water pipeline unless the water utility first obtains a certificate of public convenience and necessity (CPCN) from the Indiana utility regulatory commission (IURC). Sets forth specified information that an application for a CPCN must include. Sets forth specified findings that the IURC must make before granting a CPCN. Sets forth conditions under which a water utility may recover through rates the actual costs the water utility incurs in reliance on a CPCN issued by the IURC. Provides that a person that transfers, sells, or leases a long haul water pipeline must provide written notice to the IURC of the transfer, sale, or lease not later than 60 days after the transfer, sale, or lease is finalized. Prohibits a person that transfers or proposes to transfer: (1) more than an annual average of 30,000,000 gallons of water per day out of a basin; or (2) water from a restricted use area; from transferring water out of a basin, or supplying water to another person that the person knows will transfer more than 100,000 gallons of water out of a basin, without first obtaining a transfer permit from the department of natural resources (department). Sets forth specified information that must be included in an application for a transfer permit. Provides that a transfer permit is required for an existing or ongoing interbasin transfer (as of July 1, 2025) if the existing or ongoing transfer exceeds the capacity of any system engaged in the interbasin transfer in any 90 day period. Provides that the department shall approve an application for a permit if the department determines that the transfer: (1) will not result in a perennial overdraft of a ground water resource or in a perennial stream flow depletion; and (2) is in the public interest, as described in the Indiana Code section concerning beneficial uses of Indiana's surface water resources. Provides that a transfer permit: (1) does not expire; and (2) may be renewed, revoked, suspended, or modified in certain circumstances. Provides that the department may assess a civil penalty for violations of these provisions.
Signed by the Governor
Public Law 99
Signed by the President of the Senate
Signed by the Speaker
Signed by the President Pro Tempore
Senate concurred with House amendments; Roll Call 369: yeas 45, nays 2
Motion to concur filed
Returned to the Senate with amendments
Representative Shonkwiler added as cosponsor
Representative Hall added as cosponsor
Third reading: passed; Roll Call 339: yeas 93, nays 0
Second reading: ordered engrossed
Amendment #1 (Pierce M) failed; Roll Call 324: yeas 27, nays 66
Amendment #2 (Campbell) failed; Roll Call 325: yeas 25, nays 66
Committee report: amend do pass, adopted
First reading: referred to Committee on Utilities, Energy and Telecommunications
Referred to the House
Senator Buchanan added as coauthor
House sponsor: Representative Soliday
Third reading: passed; Roll Call 65: yeas 48, nays 0
Second reading: amended, ordered engrossed
Senator Schmitt added as coauthor
Amendment #1 (Deery) prevailed; voice vote
Committee report: amend do pass, adopted
Senators Becker, Bohacek, Dernulc, Donato, Gaskill, Rogers, Holdman, Tomes added as coauthors
Senators Carrasco and Bassler added as coauthors
Senators Charbonneau, Goode, Doriot added as coauthors
Senator Garten added as second author
Senator Glick added as third author
Senator Alting added as coauthor
Senator Ford J.D. added as coauthor
Senator Hunley added as coauthor
Authored by Senator Koch
| Bill Text Versions | Format |
|---|---|
| Enrolled Senate Bill (S) | |
| Senate Bill (S) | PDF PDF |
| Engrossed Senate Bill (H) | |
| Introduced Senate Bill (S) |
| Document | Format |
|---|---|
| Fiscal Note: SB0004.05.ENRH.FN001 |
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