*SB0411.2*
Reprinted
January 28, 2022
SENATE BILL No. 411
_____
DIGEST OF SB 411 (Updated January 27, 2022 4:41 pm - DI 101)
Citations Affected: IC 5-28; IC 8-1.
Synopsis: Commercial solar and wind energy. Establishes within the
Indiana economic development corporation (IEDC) the commercial
solar and wind energy ready communities development center (center).
Sets forth the following duties of the center: (1) Providing and making
easily accessible comprehensive information concerning permits
required for commercial solar projects, wind power projects, and
related business activities in Indiana. (2) Working with permit
authorities for such projects. Provides that in addition to these duties,
the center shall create and administer: (1) a program to certify a unit as
a commercial solar energy ready community; and (2) a program to
certify a unit as a wind energy ready community. Provides that the
IEDC shall certify a unit as a commercial solar energy ready
community if the unit meets certain requirements, including the
adoption of a commercial solar regulation that includes standards that
are not more restrictive than the default standards for commercial solar
energy systems set forth in the bill (default standards). Provides that if:
(1) a unit receives certification as a commercial solar energy ready
community; and (2) after the unit's certification, a project owner
submits a commercial solar project to be approved under standards that
comply with the default standards; the IEDC shall authorize the unit to
receive for a period of 10 years, beginning with the start date of the
commercial solar project's full commercial operation, $1 per megawatt
(Continued next page)
Effective: July 1, 2022.
Messmer, Randolph Lonnie M
January 12, 2022, read first time and referred to Committee on Utilities.
January 24, 2022, reported favorably — Do Pass.
January 27, 2022, read second time, amended, ordered engrossed.
SB 411—LS 7174/DI 101 Digest Continued
hour of electricity generated by the commercial solar project, if the
IEDC determines that the procedures and standards set forth in the
unit's commercial solar regulation were adhered to in the development
of the project. Provides that if the IEDC determines at any time during
this 10 year period that the unit has failed to continue to maintain: (1)
the standards and procedural framework set forth in the unit's
commercial solar regulation; and (2) all applicable zoning, land use,
and planning regulations; with respect to the project, the corporation
shall discontinue the incentive and shall require the unit to return to the
project owner any amounts collected by the unit after the unit's breach.
Sets forth the same requirements for a unit to receive: (1) certification
as a wind energy ready community; and (2) the per megawatt hour
incentive for wind energy produced by a wind power project approved
under the unit's wind power regulation. Establishes default standards
concerning the following with respect to wind power projects in units
that are certified as wind energy ready communities, or that otherwise
adopt the standards: (1) Setback requirements. (2) Height restrictions.
(3) Shadow flicker limitations. (4) Signal interference. (5) Sound level
limitations. (6) Wind turbine light mitigation technology. (7) Required
repairs to drainage related infrastructure. (8) Project decommissioning.
Establishes default standards concerning the following with respect to
commercial solar projects in units that are certified as commercial solar
energy ready communities, or that otherwise adopt the standards: (1)
Setback requirements. (2) Height restrictions. (3) Ground cover. (4)
Fencing. (5) Cables. (6) Glare. (7) Signal interference. (8) Sound level
limitations. (9) Required repairs to drainage related infrastructure. (10)
Project decommissioning.
SB 411—LS 7174/DI 101SB 411—LS 7174/DI 101 Reprinted
January 28, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 411
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-28-28.6 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]:
4 Chapter 28.6. Commercial Solar and Wind Energy Ready
5 Communities
6 Sec. 1. As used in this chapter, "center" refers to the
7 commercial solar and wind energy ready communities
8 development center established by section 11 of this chapter.
9 Sec. 2. As used in this chapter, "commercial solar project"
10 means a project involving the construction, installation, siting,
11 modification, operation, or decommissioning of one (1) or more
12 commercial solar energy systems (as defined in IC 8-1-42-2) in a
13 unit.
14 Sec. 3. As used in this chapter, "commercial solar regulation"
15 has the meaning set forth in IC 8-1-42-3.
SB 411—LS 7174/DI 101 2
1 Sec. 4. As used in this chapter, "permit", with respect to a
2 project, means any state or local permit, license, certificate,
3 approval, registration, or similar form of approval required by
4 statute, administrative rule, regulation (including a commercial
5 solar regulation or a wind power regulation), ordinance, or
6 resolution.
7 Sec. 5. As used in this chapter, "permit authority" has the
8 meaning set forth in:
9 (1) IC 8-1-41-4, in the case of a wind power project; or
10 (2) IC 8-1-42-6, in the case of a commercial solar project.
11 Sec. 6. A used in this chapter, "project" refers to:
12 (1) a wind power project; or
13 (2) a commercial solar project.
14 Sec. 7. As used in this chapter, "project owner" has the meaning
15 set forth in:
16 (1) IC 8-1-41-5, in the case of a wind power project; or
17 (2) IC 8-1-42-7, in the case of a commercial solar project.
18 Sec. 8. As used in this chapter, "unit" means a county or a
19 municipality, as specified in:
20 (1) IC 8-1-41-6, in the case of a wind power project; or
21 (2) IC 8-1-42-8, in the case of a commercial solar project.
22 Sec. 9. As used in this chapter, "wind power project" means a
23 project involving the construction, installation, siting, modification,
24 operation, or decommissioning of one (1) or more wind power
25 devices (as defined in IC 8-1-41-7) in a unit.
26 Sec. 10. As used in this chapter, "wind power regulation" has
27 the meaning set forth in IC 8-1-41-8.
28 Sec. 11. (a) The commercial solar and wind energy ready
29 communities development center is established within the
30 corporation. The center has the following duties:
31 (1) Providing comprehensive information concerning permits
32 required for projects and related business activities in
33 Indiana, and making the information available and easily
34 accessible to:
35 (A) project owners;
36 (B) state and local government offices, departments, and
37 administrative entities; and
38 (C) the public.
39 (2) Working with permit authorities to encourage the timely
40 and efficient issuance of permits and the resolution of related
41 issues.
42 (b) In addition to the duties set forth in subsection (a), the center
SB 411—LS 7174/DI 101 3
1 shall create and administer the following programs:
2 (1) A program to certify a unit as a commercial solar energy
3 ready community under section 12 of this chapter.
4 (2) A program to certify a unit as a wind energy ready
5 community under section 13 of this chapter.
6 Sec. 12. (a) A unit may apply to the corporation for certification
7 as a commercial solar energy ready community. The application
8 must be in a form and manner prescribed by the corporation. The
9 corporation shall approve an application and certify a unit as a
10 commercial solar energy ready community if the corporation
11 determines the following:
12 (1) That the unit has adopted a commercial solar regulation
13 that includes clear standards for the construction, installation,
14 siting, modification, operation, or decommissioning of one (1)
15 or more commercial solar energy systems (as defined in
16 IC 8-1-42-2) in the unit.
17 (2) That the unit's commercial solar regulation:
18 (A) includes standards that are not more restrictive,
19 directly or indirectly, than the default standards for
20 commercial solar energy systems set forth in IC 8-1-42;
21 (B) provides a clear and transparent process for project
22 owners to identify potential commercial solar project sites;
23 (C) does not unreasonably eliminate portions of the unit as
24 sites for commercial solar projects;
25 (D) provides for a fair review and approval process for
26 proposed commercial solar projects, including final
27 approval that cannot be revoked; and
28 (E) includes a specific plan for using any funds from an
29 incentive granted by the corporation under subsection (b):
30 (i) for economic development purposes within or near
31 the commercial solar project's footprint; or
32 (ii) to otherwise benefit residents and businesses within
33 or near the commercial solar project's footprint.
34 (3) That the unit has demonstrated a commitment to
35 maintain:
36 (A) the standards and procedural framework set forth in
37 the unit's commercial solar regulation; and
38 (B) all applicable zoning, land use, and planning
39 regulations;
40 with respect to any particular commercial solar project that
41 is approved under the unit's commercial solar regulation, for
42 a period of at least ten (10) years, beginning with the start
SB 411—LS 7174/DI 101 4
1 date of the commercial solar project's full commercial
2 operation.
3 (b) If:
4 (1) a unit receives certification as a commercial solar energy
5 ready community by the corporation under this section; and
6 (2) after the unit's certification, a project owner submits a
7 commercial solar project to be approved under standards that
8 comply with IC 8-1-42-10 through IC 8-1-42-20;
9 the corporation shall authorize the unit to receive for a period of
10 ten (10) years, beginning with the start date of the commercial
11 solar project's full commercial operation, one dollar ($1) per
12 megawatt hour of electricity generated by the commercial solar
13 project, if the corporation determines that the procedures and
14 standards set forth in the unit's commercial solar regulation were
15 adhered to in the development of the project. However, if the
16 corporation determines at any time after the start of the
17 commercial solar project's full commercial operation that the unit
18 has failed to continue to meet the requirement for certification set
19 forth in subsection (a)(4), the corporation shall discontinue the
20 incentive granted under this subsection and shall require the unit
21 to return to the project owner any amounts collected by the unit
22 under this subsection after the unit's breach of the requirement for
23 certification set forth in subsection (a)(4).
24 Sec. 13. (a) A unit may apply to the corporation for certification
25 as a wind energy ready community. The application must be in a
26 form and manner prescribed by the corporation. The corporation
27 shall approve an application and certify a unit as a wind energy
28 ready community if the corporation determines the following:
29 (1) That the unit has adopted a wind power regulation that
30 includes clear standards for the construction, installation,
31 siting, modification, operation, or decommissioning of one (1)
32 or more wind power devices (as defined in IC 8-1-41-7) in the
33 unit.
34 (2) That the unit's wind power regulation:
35 (A) includes standards that are not more restrictive,
36 directly or indirectly, than the default standards for wind
37 power devices set forth in IC 8-1-41;
38 (B) provides a clear and transparent process for project
39 owners to identify potential wind power project sites;
40 (C) does not unreasonably eliminate portions of the unit as
41 sites for wind power projects;
42 (D) provides for a fair review and approval process for
SB 411—LS 7174/DI 101 5
1 proposed wind power projects, including final approval
2 that cannot be revoked; and
3 (E) includes a specific plan for using any funds from an
4 incentive granted by the corporation under subsection (b):
5 (i) for economic development purposes within or near
6 the wind power project's footprint; or
7 (ii) to otherwise benefit residents and businesses within
8 or near the wind power project's footprint.
9 (3) That the unit has demonstrated a commitment to
10 maintain:
11 (A) the standards and procedural framework set forth in
12 the unit's wind power regulation; and
13 (B) all applicable zoning, land use, and planning
14 regulations;
15 with respect to any particular wind power project that is
16 approved under the unit's commercial solar regulation, for a
17 period of at least ten (10) years, beginning with the start date
18 of the wind power project's full commercial operation.
19 (b) If:
20 (1) a unit receives certification as a wind energy ready
21 community by the corporation under this section; and
22 (2) after the unit's certification, a project owner submits a
23 wind power project to be approved under standards that
24 comply with IC 8-1-41-10 through IC 8-1-41-16;
25 the corporation shall authorize the unit to receive for a period of
26 ten (10) years, beginning with the start date of the wind power
27 project's full commercial operation, one dollar ($1) per megawatt
28 hour of electricity generated by the wind power project, if the
29 corporation determines that the procedures and standards set
30 forth in the unit's wind power regulation were adhered to in the
31 development of the project. However, if the corporation determines
32 at any time after the start of the wind power project's full
33 commercial operation that the unit has failed to continue to meet
34 the requirement for certification set forth in subsection (a)(4), the
35 corporation shall discontinue the incentive granted under this
36 subsection and shall require the unit to return to the project owner
37 any amounts collected by the unit under this subsection after the
38 unit's breach of the requirement for certification set forth in
39 subsection (a)(4).
40 Sec. 14. A unit may be certified as both:
41 (1) a commercial solar energy ready community under section
42 12 of this chapter; and
SB 411—LS 7174/DI 101 6
1 (2) a wind energy ready community under section 13 of this
2 chapter;
3 if the unit meets the requirements for certification set forth in both
4 sections 12 and 13 of this chapter.
5 SECTION 2. IC 8-1-41 IS ADDED TO THE INDIANA CODE AS
6 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2022]:
8 Chapter 41. Default Standards for Wind Power Devices
9 Sec. 1. (a) Except as provided in subsections (c) and (d), and
10 subject to section 9(b) of this chapter, the standards set forth in
11 sections 10 through 16 of this chapter apply to a project owner
12 that, after June 30, 2022, submits an initial request for a project to
13 install or locate one (1) or more wind power devices in a unit that
14 has been certified as a wind energy ready community under
15 IC 5-28-28.6.
16 (b) Except as provided in subsections (c) and (d), and subject to
17 section 9(b) of this chapter, one (1) or more particular standards
18 set forth in sections 10 through 16 of this chapter apply to a project
19 owner that submits an initial request for a project to install or
20 locate one (1) or more wind power devices in a unit that has in
21 effect a wind power regulation that includes those particular
22 standards at the time the project owner's initial request is
23 submitted.
24 (c) Subject to a unit's planning and zoning powers under
25 IC 36-7, this chapter does not apply to a property owner that seeks
26 to install a wind power device on the property owner's premises for
27 the purpose of generating electricity to meet or offset all or part of
28 the need for electricity on the premises, whether through
29 distributed generation, participation in a net metering or
30 feed-in-tariff program offered by an electricity supplier (as defined
31 in IC 8-1-40-4), or otherwise.
32 (d) A standard set forth in sections 10 through 16 of this chapter
33 does not apply to any of the following, unless the standard is
34 already agreed to before July 1, 2022, by the parties involved:
35 (1) Any proposal, request, or application that:
36 (A) concerns the construction, installation, siting,
37 modification, operation, or decommissioning of one (1) or
38 more wind power devices in a unit;
39 (B) is submitted by a project owner to a unit before July 1,
40 2022; and
41 (C) is pending as of July 1, 2022;
42 as set forth in IC 36-7-4-1109.
SB 411—LS 7174/DI 101 7
1 (2) The:
2 (A) construction;
3 (B) installation;
4 (C) siting;
5 (D) modification;
6 (E) operation; or
7 (F) decommissioning;
8 of one (1) or more wind power devices in a unit that before
9 July 1, 2022, has approved such construction, installation,
10 siting, modification, operation, or decommissioning.
11 (3) Any:
12 (A) economic development agreement; or
13 (B) other agreement;
14 entered into before July 1, 2022, with respect to the
15 construction, installation, siting, modification, operation, or
16 decommissioning of one (1) or more wind power devices in
17 one (1) or more units.
18 Sec. 2. As used in this chapter, "dwelling" means any building,
19 structure, or part of a building or structure that is occupied as, or
20 is designed or intended for occupancy as, a residence by one (1) or
21 more families or individuals.
22 Sec. 3. (a) As used in this chapter, "nonparticipating property"
23 means a lot or parcel of real property:
24 (1) that is not owned by a project owner; and
25 (2) with respect to which:
26 (A) the project owner does not seek:
27 (i) to install or locate one (1) or more wind power devices
28 or other facilities related to a wind power project
29 (including power lines, temporary or permanent access
30 roads, or other temporary or permanent infrastructure);
31 or
32 (ii) to otherwise enter into a lease or any other
33 agreement with the owner of the property for use of all
34 or part of the property in connection with a wind power
35 project; or
36 (B) the owner of the property does not consent:
37 (i) to having one (1) or more wind power devices or other
38 facilities related to a wind power project (including
39 power lines, temporary or permanent access roads, or
40 other temporary or permanent infrastructure) installed
41 or located; or
42 (ii) to otherwise enter into a lease or any other
SB 411—LS 7174/DI 101 8
1 agreement with the project owner for use of all or part
2 of the property in connection with a wind power project.
3 (b) The term does not include a lot or parcel of real property
4 otherwise described in subsection (a) if the owner of the lot or
5 parcel consents to participate in a wind power project through a
6 neighbor agreement, a participation agreement, or another similar
7 arrangement or agreement with a project owner.
8 Sec. 4. (a) As used in this chapter, "permit authority" means:
9 (1) a unit; or
10 (2) a board, a commission, or any other governing body of a
11 unit;
12 that makes legislative or administrative decisions concerning the
13 construction, installation, siting, modification, operation, or
14 decommissioning of wind power devices in the unit.
15 (b) The term does not include:
16 (1) the state or any of its agencies, departments, boards,
17 commissions, authorities, or instrumentalities; or
18 (2) a court or other judicial body that reviews decisions or
19 rulings made by a permit authority.
20 Sec. 5. (a) As used in this chapter, "project owner" means a
21 person that:
22 (1) will own one (1) or more wind power devices proposed to
23 be located in a unit; or
24 (2) owns one (1) or more wind power devices located in a unit.
25 (b) The term includes an agent or a representative of a person
26 described in subsection (a).
27 (c) The term does not include an electricity supplier (as defined
28 in IC 8-1-2.3-2).
29 Sec. 6. (a) As used in this chapter, "unit" refers to:
30 (1) a county, if a project owner, as part of a single wind power
31 project or development, seeks to locate one (1) or more wind
32 power devices:
33 (A) entirely within unincorporated areas of the county;
34 (B) within both unincorporated areas of the county and
35 one (1) or more municipalities within the county; or
36 (C) entirely within two (2) or more municipalities within
37 the county; or
38 (2) a municipality, if:
39 (A) a project owner, as part of a single wind power project
40 or development, seeks to locate one (1) or more wind
41 power devices entirely within the boundaries of the
42 municipality; and
SB 411—LS 7174/DI 101 9
1 (B) subdivision (1)(B) or (1)(C) does not apply.
2 (b) The term refers to:
3 (1) each county described in subsection (a)(1) in which a
4 project owner seeks to locate one (1) or more wind power
5 devices, if the project owner seeks to locate wind power
6 devices in more than one (1) county as part of a single wind
7 power project or development; and
8 (2) each municipality described in subsection (a)(2) in which
9 a project owner seeks to locate one (1) or more wind power
10 devices, if the project owner seeks to locate wind power
11 devices in two (2) or more municipalities, each of which is
12 located in a different county.
13 Sec. 7. As used in this chapter, "wind power device" means a
14 device, including a windmill or a wind turbine, that is designed to
15 use the kinetic energy of moving air to provide mechanical energy
16 or to produce electricity.
17 Sec. 8. As used in this chapter, "wind power regulation" refers
18 to any ordinance or regulation, including any:
19 (1) zoning or land use ordinance or regulation; or
20 (2) general or specific planning ordinance or regulation;
21 that is adopted by a unit and that concerns the construction,
22 installation, siting, modification, operation, or decommissioning of
23 wind power devices in the unit.
24 Sec. 9. (a) A permit authority for a unit described in section 1(a)
25 or 1(b) of this chapter is responsible for enforcing compliance with
26 any standards set forth in sections 10 through 16 of this chapter
27 that apply in the unit under section 1(a) or 1(b) of this chapter.
28 (b) A unit may:
29 (1) adopt and enforce a wind power regulation that includes
30 standards that:
31 (A) concern the construction, installation, siting,
32 modification, operation, or decommissioning of wind
33 power devices in the unit; and
34 (B) are less restrictive than the standards set forth in this
35 chapter;
36 (2) waive or make less restrictive any standard set forth in
37 this chapter with respect to any particular:
38 (A) wind power device; or
39 (B) project to install one (1) or more wind power devices in
40 the unit; or
41 (3) waive or make less restrictive any standard that is not set
42 forth in this chapter but that is included in a wind power
SB 411—LS 7174/DI 101 10
1 regulation adopted by the unit with respect to any particular:
2 (A) wind power device; or
3 (B) project to install one (1) or more wind power devices in
4 the unit.
5 (c) This chapter does not affect a unit's planning and zoning
6 powers under IC 36-7 with respect to the installation or siting of
7 one (1) or more wind power devices in the unit.
8 Sec. 10. (a) Subject to subsection (h), and except as otherwise
9 allowed by IC 36-7-4-1109, a project owner may not install or
10 locate a wind power device on property in a unit unless the
11 distance, measured as a straight line, from the vertical centerline
12 of the base of the wind power device to:
13 (1) the centerline of any:
14 (A) runway located on a public use airport, private use
15 airport, or municipal airport;
16 (B) public use highway, street, or road; or
17 (C) railroad easement or right-of-way; or
18 (2) the property line of any nonparticipating property;
19 is equal to a distance that is at least one and one-tenth (1.1) times
20 the wind power device's blade tip height, as measured from the
21 ground to the tip of the blade.
22 (b) Subject to subsection (h), and except as otherwise allowed by
23 IC 36-7-4-1109, a project owner may not install or locate a wind
24 power device on property in a unit unless the distance, measured
25 as a straight line, from the vertical centerline of the base of the
26 wind power device to the nearest point on the outer wall of a
27 dwelling located on a nonparticipating property is equal to a
28 distance that is at least three (3) times the wind power device's
29 blade tip height, as measured from the ground to the tip of the
30 blade.
31 (c) Except as otherwise allowed by IC 36-7-4-1109, a project
32 owner may not install or locate a wind power device on property
33 in a unit unless the distance, measured as a straight line, from the
34 vertical centerline of the base of the wind power device to the
35 nearest edge of the right-of-way for any utility transmission or
36 distribution line is equal to a distance that is at least one and
37 two-tenths (1.2) times the wind power device's blade tip height, as
38 measured from the ground to the tip of the blade.
39 (d) Except as otherwise allowed by IC 36-7-4-1109, a project
40 owner may not install or locate a wind power device on property
41 in a unit unless the distance, measured as a straight line, from the
42 vertical centerline of the base of the wind power device to the
SB 411—LS 7174/DI 101 11
1 property line of any undeveloped land within the unit that is zoned
2 or platted for residential use is equal to a distance that is at least
3 two (2) times the wind power device's blade tip height, as measured
4 from the ground to the tip of the blade.
5 (e) Except as otherwise allowed by IC 36-7-4-1109, a project
6 owner may not install or locate a wind power device on property
7 in a unit unless the distance, measured as a straight line, from the
8 vertical centerline of the base of the wind power device to the
9 property line of a state park is equal to a distance of at least one (1)
10 mile.
11 (f) A project owner may not install or locate a wind power
12 device within a county unless the distance, measured as a straight
13 line, from the vertical centerline of the base of the wind power
14 device to the corporate boundaries of any municipality within the
15 county is equal to a distance of at least one (1) mile. However, a
16 municipality may waive or reduce the minimum distance
17 prescribed by this subsection with respect to the installation of one
18 (1) or more wind power devices.
19 (g) Except as otherwise allowed by IC 36-7-4-1109, a permit
20 authority, with respect to the siting or construction of any wind
21 power device within the unit, may not set a blade tip height
22 limitation, through a wind power regulation or otherwise, that is
23 more restrictive than the standards of the Federal Aviation
24 Administration under 14 CFR Part 77 concerning the safe, efficient
25 use and preservation of the navigable airspace.
26 (h) The distance requirements set forth in subsections (a)(2) and
27 (b) may be waived with respect to the siting of any one (1) wind
28 power device, subject to the written consent of the owner of each
29 affected nonparticipating property.
30 Sec. 11. (a) Subject to subsection (c), and except as otherwise
31 allowed by IC 36-7-4-1109, a project owner may not install or
32 locate one (1) or more wind power devices in a unit unless the
33 project owner demonstrates to the permit authority that with
34 respect to each wind power device that the project owner seeks to
35 install or locate in the unit:
36 (1) the project owner has used shadow flicker computer
37 modeling to estimate the amount of shadow flicker anticipated
38 to be caused by the wind power device; and
39 (2) the wind power device has been designed such that
40 industry standard computer modeling indicates that any
41 dwelling on a nonparticipating property within the unit will
42 not experience more than thirty (30) hours per year of shadow
SB 411—LS 7174/DI 101 12
1 flicker under planned operating conditions for the wind
2 power device.
3 (b) After a project owner installs or locates a wind power device
4 in a unit, the project owner shall work with the owner of any
5 affected dwelling on a nonparticipating property to mitigate the
6 effects of shadow flicker to the extent reasonably practicable.
7 (c) The requirement set forth in subsection (a)(2) may be waived
8 with respect to any one (1) wind power device, subject to the
9 written consent of the owner of each affected nonparticipating
10 property.
11 Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, a wind
12 power device installed in a unit must be installed in a manner so as
13 to minimize and mitigate impacts to:
14 (1) television signals;
15 (2) microwave signals;
16 (3) agricultural global positioning systems;
17 (4) military defense radar;
18 (5) radio reception; or
19 (6) weather and doppler radar.
20 Sec. 13. (a) Subject to subsection (b), and except as otherwise
21 allowed by IC 36-7-4-1109, a project owner may not install or
22 locate a wind power device in a unit unless the project owner
23 demonstrates to the permit authority that the wind power device
24 will operate in a manner such that the sound attributable to the
25 wind power device will not exceed an hourly average sound level
26 of fifty (50) A-weighted decibels, as modeled at the outer wall of an
27 affected dwelling.
28 (b) The requirement set forth in subsection (a) may be waived
29 with respect to any one (1) wind power device, subject to the
30 written consent of the owner of each affected property.
31 Sec. 14. (a) As used in this section, "wind turbine light
32 mitigation technology" means any technology used in connection
33 with a wind power device to shield, limit, or otherwise mitigate the
34 amount, intensity, character, or visibility of light emitted from the
35 wind power device.
36 (b) Except as otherwise allowed by IC 36-7-4-1109, after
37 January 1, 2023, and to the extent permissible under federal law or
38 regulations, a wind power device on property in a unit must be
39 equipped with a wind turbine light mitigation technology, unless:
40 (1) the Federal Aviation Administration denies the project
41 owner's application to use a wind turbine light mitigation
42 technology;
SB 411—LS 7174/DI 101 13
1 (2) the wind turbine light mitigation technology application is
2 pending review by the appropriate federal agencies; or
3 (3) the project owner determines that the use of a wind
4 turbine light mitigation technology is not economically
5 feasible.
6 Sec. 15. This section applies with respect to a wind power device
7 that is constructed or installed in a unit after June 30, 2022. Except
8 as otherwise allowed by IC 36-7-4-1109, all damages to waterways,
9 drainage ditches, field tiles, or other drainage related
10 infrastructure caused by the construction, installation, or
11 maintenance of a wind power device must be completely repaired
12 by the project owner or remedied with the installation of new
13 drainage infrastructure so as to not impede the natural flow of
14 water. All repairs must be completed within a reasonable period of
15 time and:
16 (1) to the satisfaction of the unit; and
17 (2) as stated in an applicable lease or another agreement with
18 the landowner;
19 subject to applicable federal, state, and local drainage laws and
20 regulations.
21 Sec. 16. (a) Subject to subsection (b), and except as otherwise
22 allowed by IC 36-7-4-1109, a project owner may not install or
23 locate a wind power device in a unit unless the project owner
24 submits to the permit authority a decommissioning and site
25 restoration plan, and posts a surety bond, or an equivalent means
26 of security acceptable to the permit authority, including a parent
27 company guarantee or an irrevocable letter of credit, but excluding
28 cash, in an amount equal to the estimated cost of decommissioning
29 the wind power device, as calculated by a third party licensed or
30 registered engineer, or by another person with suitable experience
31 in the decommissioning of wind power devices, as agreed upon by
32 the project owner and the permit authority. The required bond or
33 other security shall be posted in increments such that the total
34 amount of the bond or security posted is as follows:
35 (1) An amount equal to twenty-five percent (25%) of the total
36 estimated decommissioning costs not later than the start date
37 of the wind power device's full commercial operation. For
38 purposes of this subdivision, the total estimated
39 decommissioning costs shall be reevaluated by a third party
40 licensed or registered engineer (or by another person with
41 suitable experience in the decommissioning of wind power
42 devices, as agreed upon by the project owner and the permit
SB 411—LS 7174/DI 101 14
1 authority) in connection with the:
2 (A) fifth anniversary; and
3 (B) tenth anniversary;
4 of the start date of the wind power device's full commercial
5 operation, and the total amount of the bond or security posted
6 under this subdivision shall be adjusted as necessary after
7 each reevaluation.
8 (2) An amount equal to fifty percent (50%) of the total
9 estimated decommissioning costs not later than the fifteenth
10 anniversary of the start date of the wind power device's full
11 commercial operation. For purposes of this subdivision, the
12 total estimated decommissioning costs shall be reevaluated by
13 a third party licensed or registered engineer (or by another
14 person with suitable experience in the decommissioning of
15 wind power devices, as agreed upon by the project owner and
16 the permit authority) in connection with the fifteenth
17 anniversary of the start date of the wind power device's full
18 commercial operation, and the total amount of the bond or
19 security posted under this subdivision shall be adjusted as
20 necessary after the reevaluation.
21 (3) An amount equal to one hundred percent (100%) of the
22 total estimated decommissioning costs not later than the
23 twentieth anniversary of the start date of the wind power
24 device's full commercial operation. For purposes of this
25 subdivision, the total estimated decommissioning costs shall
26 be reevaluated by a third party licensed or registered
27 engineer (or by another person with suitable experience in the
28 decommissioning of wind power devices, as agreed upon by
29 the project owner and the permit authority):
30 (A) in connection with the twentieth anniversary of the
31 start date of the wind power device's full commercial
32 operation; and
33 (B) at least once every succeeding five (5) year period after
34 the twentieth anniversary of the start date of the wind
35 power device's full commercial operation;
36 and the total amount of the bond or security posted under this
37 subdivision shall be adjusted as necessary after each
38 reevaluation.
39 (b) For purposes of this section, the estimated cost of
40 decommissioning a wind power device, as calculated by a licensed
41 or registered professional engineer (or by another person with
42 suitable experience in the decommissioning of wind power devices,
SB 411—LS 7174/DI 101 15
1 as agreed upon by the project owner and the permit authority),
2 shall be net of any estimated salvage value attributable to the wind
3 power device at the time of decommissioning, unless the unit and
4 the project owner agree to include any such value in the estimated
5 cost.
6 SECTION 3. IC 8-1-42 IS ADDED TO THE INDIANA CODE AS
7 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
8 1, 2022]:
9 Chapter 42. Default Standards for Commercial Solar Energy
10 Systems
11 Sec. 1. (a) Except as provided in subsections (b) and (c), and
12 subject to section 9(b) of this chapter, the standards set forth in
13 sections 10 through 20 of this chapter apply to a project owner
14 that, after June 30, 2022, submits an initial request for a project to
15 install or locate one (1) or more CSE systems in a unit that has
16 been certified as a commercial solar energy ready community
17 under IC 5-28-28.6.
18 (b) Except as provided in subsections (c) and (d), and subject to
19 section 9(b) of this chapter, one (1) or more particular standards
20 set forth in sections 10 through 20 of this chapter apply to a project
21 owner that submits an initial request for a project to install or
22 locate one (1) or more CSE systems in a unit that has in effect a
23 commercial solar regulation that includes those particular
24 standards at the time the project owner's initial request is
25 submitted.
26 (c) Subject to a unit's planning and zoning powers under
27 IC 36-7, this chapter does not apply to a property owner who seeks
28 to install a solar energy device (as defined in IC 32-23-4-3) on the
29 property owner's premises for the purpose of generating electricity
30 to meet or offset all or part of the need for electricity on the
31 premises, whether through distributed generation, participation in
32 a net metering or feed-in-tariff program offered by an electricity
33 supplier (as defined in IC 8-1-40-4), or otherwise.
34 (d) A standard set forth in sections 10 through 20 of this chapter
35 does not apply to any of the following, unless the standard is
36 already agreed to before July 1, 2022, by the parties involved:
37 (1) Any proposal, request, or application that:
38 (A) concerns the construction, installation, siting,
39 modification, operation, or decommissioning of one (1) or
40 more CSE systems in a unit;
41 (B) is submitted by a project owner to a unit before July 1,
42 2022; and
SB 411—LS 7174/DI 101 16
1 (C) is pending as of July 1, 2022;
2 as set forth in IC 36-7-4-1109.
3 (2) The:
4 (A) construction;
5 (B) installation;
6 (C) siting;
7 (D) modification;
8 (E) operation; or
9 (F) decommissioning;
10 of one (1) or more CSE systems in a unit that before July 1,
11 2022, has approved such construction, installation, siting,
12 modification, operation, or decommissioning.
13 (3) Any:
14 (A) economic development agreement; or
15 (B) other agreement;
16 entered into before July 1, 2022, with respect to the
17 construction, installation, siting, modification, operation, or
18 decommissioning of one (1) or more CSE systems in one (1) or
19 more units.
20 Sec. 2. (a) As used in this chapter, "commercial solar energy
21 system", or "CSE system", means a system that:
22 (1) has a nameplate capacity of at least ten (10) megawatts;
23 and
24 (2) captures and converts solar energy into electricity:
25 (A) for the purpose of selling the electricity at wholesale;
26 and
27 (B) for use in locations other than where it is generated.
28 (b) The term includes collection and feeder lines, generation tie
29 lines, substations, ancillary buildings, solar monitoring stations,
30 and accessory equipment or structures.
31 Sec. 3. As used in this chapter, "commercial solar regulation"
32 refers to any ordinance or regulation, including any:
33 (1) zoning or land use ordinance or regulation; or
34 (2) general or specific planning ordinance or regulation;
35 that is adopted by a unit and that concerns the construction,
36 installation, siting, modification, operation, or decommissioning of
37 CSE systems in the unit.
38 Sec. 4. As used in this chapter, "dwelling" means any building,
39 structure, or part of a building or structure that is occupied as, or
40 is designed or intended for occupancy as, a residence by one (1) or
41 more families or individuals.
42 Sec. 5. (a) As used in this chapter, "nonparticipating property"
SB 411—LS 7174/DI 101 17
1 means a lot or parcel of real property:
2 (1) that is not owned by a project owner; and
3 (2) with respect to which:
4 (A) the project owner does not seek:
5 (i) to install or locate one (1) or more CSE systems or
6 other facilities related to a CSE system project (including
7 power lines, temporary or permanent access roads, or
8 other temporary or permanent infrastructure); or
9 (ii) to otherwise enter into a lease or any other
10 agreement with the owner of the property for use of all
11 or part of the property in connection with a CSE system
12 project; or
13 (B) the owner of the property does not consent:
14 (i) to having one (1) or more CSE systems or other
15 facilities related to a CSE system project (including
16 power lines, temporary or permanent access roads, or
17 other temporary or permanent infrastructure) installed
18 or located; or
19 (ii) to otherwise enter into a lease or any other
20 agreement with the project owner for use of all or part
21 of the property in connection with a CSE system project.
22 (b) The term does not include a lot or parcel of real property
23 otherwise described in subsection (a) if the owner of the lot or
24 parcel consents to participate in a CSE system project through a
25 neighbor agreement, a participation agreement, or another similar
26 arrangement or agreement with a project owner.
27 Sec. 6. (a) As used in this chapter, "permit authority" means:
28 (1) a unit; or
29 (2) a board, a commission, or any other governing body of a
30 unit;
31 that makes legislative or administrative decisions concerning the
32 construction, installation, siting, modification, operation, or
33 decommissioning of CSE systems in the unit.
34 (b) The term does not include:
35 (1) the state or any of its agencies, departments, boards,
36 commissions, authorities, or instrumentalities; or
37 (2) a court or other judicial body that reviews decisions or
38 rulings made by a permit authority.
39 Sec. 7. (a) As used in this chapter, "project owner" means a
40 person that:
41 (1) will own one (1) or more CSE systems proposed to be
42 located in a unit; or
SB 411—LS 7174/DI 101 18
1 (2) owns one (1) or more CSE systems located in a unit.
2 (b) The term includes an agent or a representative of a person
3 described in subsection (a).
4 (c) The term does not include an electricity supplier (as defined
5 in IC 8-1-2.3-2).
6 Sec. 8. (a) As used in this chapter, "unit" refers to:
7 (1) a county, if a project owner, as part of a single CSE system
8 project or development, seeks to locate one (1) or more CSE
9 systems:
10 (A) entirely within unincorporated areas of the county;
11 (B) within both unincorporated areas of the county and
12 one (1) or more municipalities within the county; or
13 (C) entirely within two (2) or more municipalities within
14 the county; or
15 (2) a municipality, if:
16 (A) a project owner, as part of a single CSE system project
17 or development, seeks to locate one (1) or more CSE
18 systems entirely within the boundaries of the municipality;
19 and
20 (B) subdivision (1)(B) or (1)(C) does not apply.
21 (b) The term refers to:
22 (1) each county described in subsection (a)(1) in which a
23 project owner seeks to locate one (1) or more CSE systems, if
24 the project owner seeks to locate CSE systems in more than
25 one (1) county as part of a single CSE system project or
26 development; and
27 (2) each municipality described in subsection (a)(2) in which
28 a project owner seeks to locate one (1) or more CSE systems,
29 if the project owner seeks to locate CSE systems in two (2) or
30 more municipalities, each of which is located in a different
31 county.
32 Sec. 9. (a) A permit authority for a unit described in section 1(a)
33 or 1(b) of this chapter is responsible for enforcing compliance with
34 any standards set forth in sections 10 through 20 of this chapter
35 that apply in the unit under section 1(a) or 1(b) of this chapter.
36 (b) A unit may:
37 (1) adopt and enforce a commercial solar regulation that
38 includes standards that:
39 (A) concern the construction, installation, siting,
40 modification, operation, or decommissioning of CSE
41 systems in the unit; and
42 (B) are less restrictive than the standards set forth in this
SB 411—LS 7174/DI 101 19
1 chapter;
2 (2) waive or make less restrictive any standard set forth in
3 this chapter with respect to any particular:
4 (A) CSE system; or
5 (B) project to install one (1) or more CSE systems in the
6 unit; or
7 (3) waive or make less restrictive any standard that is not set
8 forth in this chapter but that is included in a commercial solar
9 regulation adopted by the unit with respect to any particular:
10 (A) CSE system; or
11 (B) project to install one (1) or more CSE systems in the
12 unit.
13 (c) This chapter does not affect a unit's planning and zoning
14 powers under IC 36-7 with respect to the installation or siting of
15 one (1) or more CSE systems in the unit.
16 Sec. 10. (a) Subject to subsection (e), and except as otherwise
17 allowed by IC 36-7-4-1109, a project owner may not install or
18 locate a CSE system on property in a unit unless the distance,
19 measured as a straight line, from the nearest outer edge of the CSE
20 system to:
21 (1) the nearest edge of the right-of-way for any:
22 (A) federal interstate highway, federal highway, state
23 highway, or county highway is at least forty (40) feet;
24 (B) collector road is at least thirty (30) feet; or
25 (C) local road is at least ten (10) feet; or
26 (2) the property line of any nonparticipating property is at
27 least fifty (50) feet.
28 (b) Subject to subsection (e), and except as otherwise allowed by
29 IC 36-7-4-1109, a project owner may not install or locate a CSE
30 system on property in a unit unless the distance, measured as a
31 straight line, from the nearest outer edge of the CSE system to the
32 nearest point on the outer wall of a dwelling located on a
33 nonparticipating property is at least two hundred fifty (250) feet.
34 (c) Subject to subsection (e), and except as otherwise allowed by
35 IC 36-7-4-1109, if a project owner installs a CSE system within a
36 distance of two hundred fifty (250) feet, measured as a straight
37 line, from the nearest outer edge of the CSE system to the nearest
38 point on the outer wall of a dwelling located on a nonparticipating
39 property, the project owner shall install a landscape buffer in the
40 area between the nearest outer edge of the CSE system and the
41 CSE system-facing property line of the nonparticipating property:
42 (1) in a location that is not on the property of the
SB 411—LS 7174/DI 101 20
1 nonparticipating property owner; and
2 (2) constructed from such materials;
3 as set forth in a plan submitted to the unit during the permitting
4 and approval process for the CSE system.
5 (d) Except as otherwise allowed by IC 36-7-4-1109, a project
6 owner may not install or locate a CSE system on property in a unit
7 unless the height of the CSE system solar panels are not more than
8 twenty-five (25) feet above ground level when the CSE system's
9 arrays are at full tilt. However, a permit authority or a unit may
10 not impose a clearance requirement between the ground and the
11 bottom edge of a CSE system's solar panels.
12 (e) The:
13 (1) distance requirements set forth in subsection (a)(2) and
14 subsection (b); and
15 (2) requirement for the installation of a landscape buffer set
16 forth in subsection (c);
17 may be waived with respect to the siting of any one (1) CSE system,
18 subject to the written consent of the owner of each affected
19 nonparticipating property.
20 Sec. 11. Except as otherwise allowed by IC 36-7-4-1109, if a
21 project owner installs a CSE system in a unit, the project owner
22 shall plant, establish, and maintain for the life of the CSE system
23 perennial vegetated ground cover on the ground around and under
24 solar panels, and in project site buffer areas. The use of pollinator
25 seed mixes in the planting of ground cover required by this section
26 is encouraged. A unit or permit authority may require a project
27 owner to prepare for a project site a vegetation plan that:
28 (1) is compatible with each CSE system on the project site;
29 (2) provides for the planting of noninvasive species and the
30 use of native or naturalized species if the planting and use of
31 noninvasive and native or naturalized species are:
32 (A) appropriate to the region;
33 (B) economically feasible; and
34 (C) agreed to by the landowner;
35 in order to reduce storm water runoff and erosion at the site
36 and to provide habitat for wildlife and insects; and
37 (3) provides for site preparation and maintenance practices
38 designed to control invasive species and noxious weeds (as
39 defined in IC 15-16-7-2).
40 Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, if a
41 project owner installs a CSE system in a unit, the project owner
42 shall completely enclose the CSE system with fencing that is at
SB 411—LS 7174/DI 101 21
1 least six (6) feet high.
2 Sec. 13. Except as otherwise allowed by IC 36-7-4-1109, if a
3 project owner installs a CSE system in a unit, all cables of up to
4 thirty-four and one-half (34.5) kilovolts that are located between
5 inverter locations and project substations shall be located and
6 maintained underground, as feasible. Other solar infrastructure,
7 such as module-to-module collection cables, transmission lines,
8 substations, junction boxes, and other typical aboveground
9 infrastructure may be located and maintained above ground.
10 Buried cables shall be at a depth of at least thirty-six (36) inches
11 below grade or, if necessitated by onsite conditions, at a greater
12 depth. Cables and lines located outside of the CSE system project
13 site may:
14 (1) be located above ground; or
15 (2) in the case of cables or lines of up to thirty-four and
16 one-half (34.5) kilovolts, be buried underground at:
17 (A) a depth of at least forty-eight (48) inches below grade,
18 so as to not interfere with drainage tile or ditch repairs; or
19 (B) another depth, as necessitated by conditions;
20 as determined in consultation with the landowner.
21 Sec. 14. Except as otherwise allowed by IC 36-7-4-1109, a CSE
22 system installed by a project owner must be designed and
23 constructed to:
24 (1) minimize glare on adjacent properties and roadways; and
25 (2) not interfere with vehicular traffic, including air traffic.
26 Sec. 15. Except as otherwise allowed by IC 36-7-4-1109, a CSE
27 system installed in a unit must be installed in a manner so as to
28 minimize and mitigate impacts to:
29 (1) television signals;
30 (2) microwave signals;
31 (3) agricultural global positioning systems;
32 (4) military defense radar;
33 (5) radio reception; or
34 (6) weather and doppler radar.
35 Sec. 16. (a) Subject to subsection (b), and except as otherwise
36 allowed by IC 36-7-4-1109, a project owner may not install or
37 locate a CSE system in a unit unless the project owner
38 demonstrates to the permit authority that the CSE system will
39 operate in a manner such that the sound attributable to the CSE
40 system will not exceed an hourly average sound level of fifty (50)
41 A-weighted decibels, as modeled at the outer wall of a dwelling
42 located on an adjacent nonparticipating property.
SB 411—LS 7174/DI 101 22
1 (b) The requirement set forth in subsection (a) may be waived
2 with respect to any one (1) CSE system, subject to the written
3 consent of the owner of each adjacent nonparticipating property.
4 Sec. 17. This section applies with respect to a CSE system that
5 is constructed or installed in a unit after June 30, 2022. Except as
6 otherwise allowed by IC 36-7-4-1109, all damages to waterways,
7 drainage ditches, field tiles, or other drainage related
8 infrastructure caused by the construction, installation, or
9 maintenance of a CSE system must be completely repaired by the
10 project owner or remedied with the installation of new drainage
11 infrastructure so as to not impede the natural flow of water. All
12 repairs must be completed within a reasonable period of time and:
13 (1) to the satisfaction of the unit; and
14 (2) as stated in an applicable lease or another agreement with
15 the landowner;
16 subject to applicable federal, state, and local drainage laws and
17 regulations.
18 Sec. 18. (a) Subject to subsection (b), and except as otherwise
19 allowed by IC 36-7-4-1109, a project owner may not install or
20 locate a CSE system in a unit unless the project owner submits to
21 the permit authority a decommissioning and site restoration plan,
22 and posts a surety bond, or an equivalent means of security
23 acceptable to the permit authority, including a parent company
24 guarantee or an irrevocable letter of credit, but excluding cash, in
25 an amount equal to the estimated cost of decommissioning the CSE
26 system, as calculated by a third party licensed or registered
27 engineer or by another person with suitable experience in the
28 decommissioning of CSE systems, as agreed upon by the project
29 owner and the permit authority. The required bond or other
30 security shall be posted in increments such that the total amount of
31 the bond or security posted is as follows:
32 (1) An amount equal to twenty-five percent (25%) of the total
33 estimated decommissioning costs not later than the start date
34 of the CSE system's full commercial operation.
35 (2) An amount equal to fifty percent (50%) of the total
36 estimated decommissioning costs not later than the fifth
37 anniversary of the start date of the CSE system's full
38 commercial operation.
39 (3) An amount equal to one hundred percent (100%) of the
40 total estimated decommissioning costs not later than the tenth
41 anniversary of the start date of the CSE system's full
42 commercial operation. For purposes of this subdivision, the
SB 411—LS 7174/DI 101 23
1 total estimated decommissioning costs shall be reevaluated by
2 a third party licensed or registered engineer (or by another
3 person with suitable experience in the decommissioning of
4 CSE systems, as agreed upon by the project owner and the
5 permit authority):
6 (A) in connection with the tenth anniversary of the start
7 date of the CSE system's full commercial operation; and
8 (B) at least once every succeeding five (5) year period after
9 the tenth anniversary of the start date of the CSE system's
10 full commercial operation;
11 and the total amount of the bond or security posted under this
12 subdivision shall be adjusted as necessary after each
13 reevaluation.
14 (b) For purposes of this section, the estimated cost of
15 decommissioning a CSE system, as calculated by a licensed or
16 registered professional engineer (or by another person with
17 suitable experience in the decommissioning of CSE systems, as
18 agreed upon by the project owner and the permit authority), shall
19 be net of any estimated salvage value attributable to the CSE
20 system at the time of decommissioning, unless the unit and the
21 project owner agree to include any such value in the estimated cost.
22 (c) A project owner shall provide to the permit authority
23 written notice of the project owner's intent to decommission a CSE
24 system not later than sixty (60) days before the discontinuation of
25 commercial operation by the CSE system. Except as provided in
26 subsection (e), after the discontinuation of commercial operation
27 by the CSE system, and as part of the decommissioning process:
28 (1) all structures, foundations, roads, gravel areas, and cables
29 associated with the project shall be removed to a depth of at
30 least thirty-six (36) inches below grade; and
31 (2) the ground shall be restored to a condition reasonably
32 similar to its condition before the start of construction
33 activities in connection with the CSE system project.
34 (d) Except as provided in subsection (e), if the project owner
35 fails to remove all CSE system project assets not later than one (1)
36 year after the proposed date of final decommissioning, as set forth
37 in the notice to the permit authority under subsection (c), the
38 permit authority may engage qualified contractors to:
39 (1) enter the project site;
40 (2) remove the CSE system project assets;
41 (3) sell any assets removed; and
42 (4) remediate the site;
SB 411—LS 7174/DI 101 24
1 and may initiate proceedings to recover any costs incurred.
2 (e) Project assets may remain in place after decommissioning is
3 complete if:
4 (1) the location and condition of the assets conform with local
5 regulations at the time of decommissioning; and
6 (2) the written consent of the landowner is obtained.
7 Sec. 19. (a) If a CSE system installed in a unit does not generate
8 electricity for eighteen (18) consecutive months:
9 (1) the CSE system is considered abandoned as of the date
10 that is five hundred forty (540) days after the date on which
11 the CSE system last generated electricity; and
12 (2) all CSE system project assets shall be removed in
13 accordance with section 18(c) of this chapter not later than
14 one (1) year after the date of abandonment specified in
15 subdivision (1).
16 (b) In the case of abandonment, as described in subsection (a),
17 if the project owner fails to remove the CSE system project assets
18 not later than one (1) year after the date of abandonment, as
19 required by subsection (a)(2), the permit authority may engage
20 qualified contractors to:
21 (1) enter the project site;
22 (2) remove the CSE system project assets;
23 (3) sell any assets removed; and
24 (4) remediate the site;
25 and may initiate proceedings to recover any costs incurred.
26 Sec. 20. (a) As used in this section, "force majeure event"
27 includes the following:
28 (1) Fire, flood, tornado, or other natural disasters or acts of
29 God.
30 (2) War, civil strife, a terrorist attack, or other similar acts of
31 violence.
32 (3) Other unforeseen events or events over which a project
33 owner has no control.
34 (b) If a force majeure event results in a CSE system not
35 generating electricity, the project owner shall:
36 (1) as soon as practicable after the occurrence of the force
37 majeure event, provide notice to the permit authority of the
38 event and of the resulting cessation of generating operations;
39 and
40 (2) demonstrate to the permit authority that the CSE system
41 will be substantially operational and generating electricity not
42 later than twelve (12) months after the occurrence of the force
SB 411—LS 7174/DI 101 25
1 majeure event.
2 (c) If the CSE system does not become substantially operational
3 and resume generating electricity within the time set forth in
4 subsection b(2):
5 (1) the CSE system is considered abandoned as of the date
6 that is three hundred sixty-five (365) days after the date on
7 which the CSE system last generated electricity; and
8 (2) all CSE system project assets shall be removed in
9 accordance with section 18(c) of this chapter not later than
10 one (1) year after the date of abandonment specified in
11 subdivision (1).
12 (d) In the case of presumed abandonment, as described in
13 subsection (c), if the project owner fails to remove the CSE system
14 project assets not later than one (1) year after the date of
15 abandonment, as required by subsection (c)(2), the permit
16 authority may engage qualified contractors to:
17 (1) enter the project site;
18 (2) remove the CSE system project assets;
19 (3) sell any assets removed; and
20 (4) remediate the site;
21 and may initiate proceedings to recover any costs incurred.
SB 411—LS 7174/DI 101 26
COMMITTEE REPORT
Madam President: The Senate Committee on Utilities, to which was
referred Senate Bill No. 411, has had the same under consideration and
begs leave to report the same back to the Senate with the
recommendation that said bill DO PASS.
(Reference is to SB 411 as introduced.)
KOCH, Chairperson
Committee Vote: Yeas 7, Nays 1
_____
SENATE MOTION
Madam President: I move that Senate Bill 411 be amended to read
as follows:
Page 3, delete lines 12 through 13.
Page 3, line 14, delete "(2)" and insert "(1)".
Page 3, line 19, delete "(3)" and insert "(2)".
Page 3, line 36, delete "(4)" and insert "(3)".
Page 4, line 8, delete "develops a" and insert "submits a
commercial solar project to be approved under standards that
comply with IC 8-1-42-10 through IC 8-1-42-20;".
Page 4, delete line 9.
Page 4, delete lines 30 through 31.
Page 4, line 32, delete "(2)" and insert "(1)".
Page 4, line 37, delete "(3)" and insert "(2)".
Page 5, line 12, delete "(4)" and insert "(3)".
Page 5, line 25, delete "develops a" and insert "submits a wind
power project to be approved under standards that comply with
IC 8-1-41-10 through IC 8-1-41-16;".
Page 5, delete line 26.
Page 12, line 40, delete "a project owner may not commence
construction on".
Page 12, line 41, delete "unless the wind power".
Page 12, line 42, delete "device is" and insert "must be".
Page 12, line 42, after "technology," insert "unless:".
Page 13, delete lines 1 through 3.
Page 13, line 6, delete "or".
Page 13, between lines 6 and 7, begin a new line block indented and
insert:
SB 411—LS 7174/DI 101 27
"(2) the wind turbine light mitigation technology application
is pending review by the appropriate federal agencies; or".
Page 13, line 7, delete "(2)" and insert "(3)".
Page 13, line 16, delete "to near original condition" and insert "or
remedied with the installation of new drainage infrastructure".
Page 13, line 30, after "credit," insert "but excluding cash,".
Page 19, line 36, delete "one hundred fifty (150)" and insert "two
hundred fifty (250)".
Page 20, line 2, delete "outer wall of the dwelling located on" and
insert "CSE system-facing property line of".
Page 20, line 4, delete "location;" and insert "location that is not on
the property of the nonparticipating property owner;".
Page 21, line 9, delete "underground." and insert "underground, as
feasible.".
Page 22, line 12, delete "to near original condition" and insert "or
remedied with the installation of new drainage infrastructure".
Page 22, line 26, after "credit," insert "but excluding cash,".
(Reference is to SB 411 as printed January 25, 2022.)
MESSMER
SB 411—LS 7174/DI 101