Ind. Code § 8-1.5-2-7 – Public convenience and necessity; declaratory resolution

(a) A certificate of public convenience and necessity is not required as a condition precedent to the owning, leasing, acquisition, construction, or operation of a utility by a municipality, even if there is a public utility engaged in a similar service. The acquisition of electric utility property and assignment of a municipal electric utility's service area are, however, subject to the provisions of IC 8-1-2.3 and IC 8-1-2-95.1 .
(b) Subsection (d) applies to the following:
1. (1) A municipality that wants to acquire an existing utility, including by purchase or condemnation under IC 8-1-2-92 , IC 8-1-2-93 , or otherwise.
2. (2) A municipality that wants to own and operate a utility in a location where, or contiguous to where, there is a public utility engaged in a similar service:
  1. (A) under a franchise granted by the municipality; or
  2. (B) under an indeterminate permit as defined in IC 8-1-2-1 .
(c) Notwithstanding subsection (b), subsection (d) does not apply to the following:
1. (1) A municipality that owns and operates a water utility as of July 1, 2012.
2. (2) An action brought under:
  1. (A) IC 8-1-2-92 ;
  2. (B) IC 8-1-2-93 ; or
  3. (C) this chapter;
    before March 1, 2013.
(d) Before a municipality described in subsection (b) may declare by ordinance that public convenience and necessity require the establishment of a municipally owned utility, the municipality shall conduct a hearing under section 10 of this chapter.
As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.172-2009, SEC.3; P.L.270-2013, SEC.4.