Sec. 7. (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) 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) 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: (A) under a franchise granted by the municipality; or (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) A municipality that owns and operates a water utility as of July 1, 2012. (2) An action brought under: (A) IC 8-1-2-92 ; (B) IC 8-1-2-93 ; or (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.
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