As used in this chapter, "eligible infrastructure improvements" means projects that:

1. (1) are:

   1. (A) new water or wastewater utility distribution or collection plant projects; or
   2. (B) projects to relocate existing utility plant, including projects to relocate utility plant or equipment to accommodate the construction, reconstruction, or improvement of a highway, street, or road (as defined in IC 8-23-1.1-22 ), including projects under IC 8-25 ;
2. (2) do not increase revenues by connecting to new customers, even if the projects provide greater available capacity with respect to an eligible utility's distribution or collection plant; and

3. (3) either:

   1. (A) for a public utility:

      1. (i) are in service and used and useful; and
      2. (ii) were not included in the public utility's rate base in its most recent general rate case; or

   2. (B) for a municipally owned or not-for-profit utility:

      1. (i) are or will be extensions or replacements of projects described in subdivision (1), as described in section 5.5(2)(B) or 5.5(3)(B) of this chapter, as applicable;
      2. (ii) were not included on the utility's balance sheet as plant in service in the utility's most recent general rate case; and
      3. (iii) are not infrastructure improvements that are being recovered or have been recovered through rates or another rate adjustment mechanism.

As added by P.L.94-2000, SEC.1. Amended by P.L.209-2014, SEC.6; P.L.212-2015, SEC.2; P.L.91-2017, SEC.6; P.L.61-2022, SEC.4; P.L.145-2026, SEC.30.