*SB0411.1*
January 25, 2022
SENATE BILL No. 411
_____
DIGEST OF SB 411 (Updated January 21, 2022 8:21 am - DI 140)
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. 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 develops a commercial
solar project in the unit; 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 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
(Continued next page)
Effective: July 1, 2022.
Messmer
January 12, 2022, read first time and referred to Committee on Utilities.
January 24, 2022, reported favorably — Do Pass.
SB 411—LS 7174/DI 101 Digest Continued
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 January 25, 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 resolution indicating support
13 for the development of commercial solar projects in the unit.
14 (2) That the unit has adopted a commercial solar regulation
15 that includes clear standards for the construction, installation,
16 siting, modification, operation, or decommissioning of one (1)
17 or more commercial solar energy systems (as defined in
18 IC 8-1-42-2) in the unit.
19 (3) That the unit's commercial solar regulation:
20 (A) includes standards that are not more restrictive,
21 directly or indirectly, than the default standards for
22 commercial solar energy systems set forth in IC 8-1-42;
23 (B) provides a clear and transparent process for project
24 owners to identify potential commercial solar project sites;
25 (C) does not unreasonably eliminate portions of the unit as
26 sites for commercial solar projects;
27 (D) provides for a fair review and approval process for
28 proposed commercial solar projects, including final
29 approval that cannot be revoked; and
30 (E) includes a specific plan for using any funds from an
31 incentive granted by the corporation under subsection (b):
32 (i) for economic development purposes within or near
33 the commercial solar project's footprint; or
34 (ii) to otherwise benefit residents and businesses within
35 or near the commercial solar project's footprint.
36 (4) That the unit has demonstrated a commitment to
37 maintain:
38 (A) the standards and procedural framework set forth in
39 the unit's commercial solar regulation; and
40 (B) all applicable zoning, land use, and planning
41 regulations;
42 with respect to any particular commercial solar project that
SB 411—LS 7174/DI 101 4
1 is approved under the unit's commercial solar regulation, for
2 a period of at least ten (10) years, beginning with the start
3 date of the commercial solar project's full commercial
4 operation.
5 (b) If:
6 (1) a unit receives certification as a commercial solar energy
7 ready community by the corporation under this section; and
8 (2) after the unit's certification, a project owner develops a
9 commercial solar project in the unit;
10 the corporation shall authorize the unit to receive for a period of
11 ten (10) years, beginning with the start date of the commercial
12 solar project's full commercial operation, one dollar ($1) per
13 megawatt hour of electricity generated by the commercial solar
14 project, if the corporation determines that the procedures and
15 standards set forth in the unit's commercial solar regulation were
16 adhered to in the development of the project. However, if the
17 corporation determines at any time after the start of the
18 commercial solar project's full commercial operation that the unit
19 has failed to continue to meet the requirement for certification set
20 forth in subsection (a)(4), the corporation shall discontinue the
21 incentive granted under this subsection and shall require the unit
22 to return to the project owner any amounts collected by the unit
23 under this subsection after the unit's breach of the requirement for
24 certification set forth in subsection (a)(4).
25 Sec. 13. (a) A unit may apply to the corporation for certification
26 as a wind energy ready community. The application must be in a
27 form and manner prescribed by the corporation. The corporation
28 shall approve an application and certify a unit as a wind energy
29 ready community if the corporation determines the following:
30 (1) That the unit has adopted a resolution indicating support
31 for the development of wind power projects in the unit.
32 (2) That the unit has adopted a wind power regulation that
33 includes clear standards for the construction, installation,
34 siting, modification, operation, or decommissioning of one (1)
35 or more wind power devices (as defined in IC 8-1-41-7) in the
36 unit.
37 (3) That the unit's wind power regulation:
38 (A) includes standards that are not more restrictive,
39 directly or indirectly, than the default standards for wind
40 power devices set forth in IC 8-1-41;
41 (B) provides a clear and transparent process for project
42 owners to identify potential wind power project sites;
SB 411—LS 7174/DI 101 5
1 (C) does not unreasonably eliminate portions of the unit as
2 sites for wind power projects;
3 (D) provides for a fair review and approval process for
4 proposed wind power projects, including final approval
5 that cannot be revoked; and
6 (E) includes a specific plan for using any funds from an
7 incentive granted by the corporation under subsection (b):
8 (i) for economic development purposes within or near
9 the wind power project's footprint; or
10 (ii) to otherwise benefit residents and businesses within
11 or near the wind power project's footprint.
12 (4) That the unit has demonstrated a commitment to
13 maintain:
14 (A) the standards and procedural framework set forth in
15 the unit's wind power regulation; and
16 (B) all applicable zoning, land use, and planning
17 regulations;
18 with respect to any particular wind power project that is
19 approved under the unit's commercial solar regulation, for a
20 period of at least ten (10) years, beginning with the start date
21 of the wind power project's full commercial operation.
22 (b) If:
23 (1) a unit receives certification as a wind energy ready
24 community by the corporation under this section; and
25 (2) after the unit's certification, a project owner develops a
26 wind power project in the unit;
27 the corporation shall authorize the unit to receive for a period of
28 ten (10) years, beginning with the start date of the wind power
29 project's full commercial operation, one dollar ($1) per megawatt
30 hour of electricity generated by the wind power project, if the
31 corporation determines that the procedures and standards set
32 forth in the unit's wind power regulation were adhered to in the
33 development of the project. However, if the corporation determines
34 at any time after the start of the wind power project's full
35 commercial operation that the unit has failed to continue to meet
36 the requirement for certification set forth in subsection (a)(4), the
37 corporation shall discontinue the incentive granted under this
38 subsection and shall require the unit to return to the project owner
39 any amounts collected by the unit under this subsection after the
40 unit's breach of the requirement for certification set forth in
41 subsection (a)(4).
42 Sec. 14. A unit may be certified as both:
SB 411—LS 7174/DI 101 6
1 (1) a commercial solar energy ready community under section
2 12 of this chapter; and
3 (2) a wind energy ready community under section 13 of this
4 chapter;
5 if the unit meets the requirements for certification set forth in both
6 sections 12 and 13 of this chapter.
7 SECTION 2. IC 8-1-41 IS ADDED TO THE INDIANA CODE AS
8 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2022]:
10 Chapter 41. Default Standards for Wind Power Devices
11 Sec. 1. (a) Except as provided in subsections (c) and (d), and
12 subject to section 9(b) of this chapter, the standards set forth in
13 sections 10 through 16 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 wind power devices in a unit that
16 has been certified as a wind energy ready community under
17 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 16 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 wind power devices in a unit that has in
23 effect a wind power 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 that seeks
28 to install a wind power device on the property owner's premises for
29 the purpose of generating electricity to meet or offset all or part of
30 the need for electricity on the premises, whether through
31 distributed generation, participation in a net metering or
32 feed-in-tariff program offered by an electricity supplier (as defined
33 in IC 8-1-40-4), or otherwise.
34 (d) A standard set forth in sections 10 through 16 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 wind power devices 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 7
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 wind power devices in a unit that before
11 July 1, 2022, has approved such construction, installation,
12 siting, 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 wind power devices in
19 one (1) or more units.
20 Sec. 2. As used in this chapter, "dwelling" means any building,
21 structure, or part of a building or structure that is occupied as, or
22 is designed or intended for occupancy as, a residence by one (1) or
23 more families or individuals.
24 Sec. 3. (a) As used in this chapter, "nonparticipating property"
25 means a lot or parcel of real property:
26 (1) that is not owned by a project owner; and
27 (2) with respect to which:
28 (A) the project owner does not seek:
29 (i) to install or locate one (1) or more wind power devices
30 or other facilities related to a wind power project
31 (including power lines, temporary or permanent access
32 roads, or other temporary or permanent infrastructure);
33 or
34 (ii) to otherwise enter into a lease or any other
35 agreement with the owner of the property for use of all
36 or part of the property in connection with a wind power
37 project; or
38 (B) the owner of the property does not consent:
39 (i) to having one (1) or more wind power devices or other
40 facilities related to a wind power project (including
41 power lines, temporary or permanent access roads, or
42 other temporary or permanent infrastructure) installed
SB 411—LS 7174/DI 101 8
1 or located; or
2 (ii) to otherwise enter into a lease or any other
3 agreement with the project owner for use of all or part
4 of the property in connection with a wind power project.
5 (b) The term does not include a lot or parcel of real property
6 otherwise described in subsection (a) if the owner of the lot or
7 parcel consents to participate in a wind power project through a
8 neighbor agreement, a participation agreement, or another similar
9 arrangement or agreement with a project owner.
10 Sec. 4. (a) As used in this chapter, "permit authority" means:
11 (1) a unit; or
12 (2) a board, a commission, or any other governing body of a
13 unit;
14 that makes legislative or administrative decisions concerning the
15 construction, installation, siting, modification, operation, or
16 decommissioning of wind power devices in the unit.
17 (b) The term does not include:
18 (1) the state or any of its agencies, departments, boards,
19 commissions, authorities, or instrumentalities; or
20 (2) a court or other judicial body that reviews decisions or
21 rulings made by a permit authority.
22 Sec. 5. (a) As used in this chapter, "project owner" means a
23 person that:
24 (1) will own one (1) or more wind power devices proposed to
25 be located in a unit; or
26 (2) owns one (1) or more wind power devices located in a unit.
27 (b) The term includes an agent or a representative of a person
28 described in subsection (a).
29 (c) The term does not include an electricity supplier (as defined
30 in IC 8-1-2.3-2).
31 Sec. 6. (a) As used in this chapter, "unit" refers to:
32 (1) a county, if a project owner, as part of a single wind power
33 project or development, seeks to locate one (1) or more wind
34 power devices:
35 (A) entirely within unincorporated areas of the county;
36 (B) within both unincorporated areas of the county and
37 one (1) or more municipalities within the county; or
38 (C) entirely within two (2) or more municipalities within
39 the county; or
40 (2) a municipality, if:
41 (A) a project owner, as part of a single wind power project
42 or development, seeks to locate one (1) or more wind
SB 411—LS 7174/DI 101 9
1 power devices entirely within the boundaries of the
2 municipality; and
3 (B) subdivision (1)(B) or (1)(C) does not apply.
4 (b) The term refers to:
5 (1) each county described in subsection (a)(1) in which a
6 project owner seeks to locate one (1) or more wind power
7 devices, if the project owner seeks to locate wind power
8 devices in more than one (1) county as part of a single wind
9 power project or development; and
10 (2) each municipality described in subsection (a)(2) in which
11 a project owner seeks to locate one (1) or more wind power
12 devices, if the project owner seeks to locate wind power
13 devices in two (2) or more municipalities, each of which is
14 located in a different county.
15 Sec. 7. As used in this chapter, "wind power device" means a
16 device, including a windmill or a wind turbine, that is designed to
17 use the kinetic energy of moving air to provide mechanical energy
18 or to produce electricity.
19 Sec. 8. As used in this chapter, "wind power regulation" refers
20 to any ordinance or regulation, including any:
21 (1) zoning or land use ordinance or regulation; or
22 (2) general or specific planning ordinance or regulation;
23 that is adopted by a unit and that concerns the construction,
24 installation, siting, modification, operation, or decommissioning of
25 wind power devices in the unit.
26 Sec. 9. (a) A permit authority for a unit described in section 1(a)
27 or 1(b) of this chapter is responsible for enforcing compliance with
28 any standards set forth in sections 10 through 16 of this chapter
29 that apply in the unit under section 1(a) or 1(b) of this chapter.
30 (b) A unit may:
31 (1) adopt and enforce a wind power regulation that includes
32 standards that:
33 (A) concern the construction, installation, siting,
34 modification, operation, or decommissioning of wind
35 power devices in the unit; and
36 (B) are less restrictive than the standards set forth in this
37 chapter;
38 (2) waive or make less restrictive any standard set forth in
39 this chapter with respect to any particular:
40 (A) wind power device; or
41 (B) project to install one (1) or more wind power devices in
42 the unit; or
SB 411—LS 7174/DI 101 10
1 (3) waive or make less restrictive any standard that is not set
2 forth in this chapter but that is included in a wind power
3 regulation adopted by the unit with respect to any particular:
4 (A) wind power device; or
5 (B) project to install one (1) or more wind power devices in
6 the unit.
7 (c) This chapter does not affect a unit's planning and zoning
8 powers under IC 36-7 with respect to the installation or siting of
9 one (1) or more wind power devices in the unit.
10 Sec. 10. (a) Subject to subsection (h), and except as otherwise
11 allowed by IC 36-7-4-1109, a project owner may not install or
12 locate a wind power device on property in a unit unless the
13 distance, measured as a straight line, from the vertical centerline
14 of the base of the wind power device to:
15 (1) the centerline of any:
16 (A) runway located on a public use airport, private use
17 airport, or municipal airport;
18 (B) public use highway, street, or road; or
19 (C) railroad easement or right-of-way; or
20 (2) the property line of any nonparticipating property;
21 is equal to a distance that is at least one and one-tenth (1.1) times
22 the wind power device's blade tip height, as measured from the
23 ground to the tip of the blade.
24 (b) Subject to subsection (h), and except as otherwise allowed by
25 IC 36-7-4-1109, a project owner may not install or locate a wind
26 power device on property in a unit unless the distance, measured
27 as a straight line, from the vertical centerline of the base of the
28 wind power device to the nearest point on the outer wall of a
29 dwelling located on a nonparticipating property is equal to a
30 distance that is at least three (3) times the wind power device's
31 blade tip height, as measured from the ground to the tip of the
32 blade.
33 (c) Except as otherwise allowed by IC 36-7-4-1109, a project
34 owner may not install or locate a wind power device on property
35 in a unit unless the distance, measured as a straight line, from the
36 vertical centerline of the base of the wind power device to the
37 nearest edge of the right-of-way for any utility transmission or
38 distribution line is equal to a distance that is at least one and
39 two-tenths (1.2) times the wind power device's blade tip height, as
40 measured from the ground to the tip of the blade.
41 (d) Except as otherwise allowed by IC 36-7-4-1109, a project
42 owner may not install or locate a wind power device on property
SB 411—LS 7174/DI 101 11
1 in a unit unless the distance, measured as a straight line, from the
2 vertical centerline of the base of the wind power device to the
3 property line of any undeveloped land within the unit that is zoned
4 or platted for residential use is equal to a distance that is at least
5 two (2) times the wind power device's blade tip height, as measured
6 from the ground to the tip of the blade.
7 (e) Except as otherwise allowed by IC 36-7-4-1109, a project
8 owner may not install or locate a wind power device on property
9 in a unit unless the distance, measured as a straight line, from the
10 vertical centerline of the base of the wind power device to the
11 property line of a state park is equal to a distance of at least one (1)
12 mile.
13 (f) A project owner may not install or locate a wind power
14 device within a county unless the distance, measured as a straight
15 line, from the vertical centerline of the base of the wind power
16 device to the corporate boundaries of any municipality within the
17 county is equal to a distance of at least one (1) mile. However, a
18 municipality may waive or reduce the minimum distance
19 prescribed by this subsection with respect to the installation of one
20 (1) or more wind power devices.
21 (g) Except as otherwise allowed by IC 36-7-4-1109, a permit
22 authority, with respect to the siting or construction of any wind
23 power device within the unit, may not set a blade tip height
24 limitation, through a wind power regulation or otherwise, that is
25 more restrictive than the standards of the Federal Aviation
26 Administration under 14 CFR Part 77 concerning the safe, efficient
27 use and preservation of the navigable airspace.
28 (h) The distance requirements set forth in subsections (a)(2) and
29 (b) may be waived with respect to the siting of any one (1) wind
30 power device, subject to the written consent of the owner of each
31 affected nonparticipating property.
32 Sec. 11. (a) Subject to subsection (c), and except as otherwise
33 allowed by IC 36-7-4-1109, a project owner may not install or
34 locate one (1) or more wind power devices in a unit unless the
35 project owner demonstrates to the permit authority that with
36 respect to each wind power device that the project owner seeks to
37 install or locate in the unit:
38 (1) the project owner has used shadow flicker computer
39 modeling to estimate the amount of shadow flicker anticipated
40 to be caused by the wind power device; and
41 (2) the wind power device has been designed such that
42 industry standard computer modeling indicates that any
SB 411—LS 7174/DI 101 12
1 dwelling on a nonparticipating property within the unit will
2 not experience more than thirty (30) hours per year of shadow
3 flicker under planned operating conditions for the wind
4 power device.
5 (b) After a project owner installs or locates a wind power device
6 in a unit, the project owner shall work with the owner of any
7 affected dwelling on a nonparticipating property to mitigate the
8 effects of shadow flicker to the extent reasonably practicable.
9 (c) The requirement set forth in subsection (a)(2) may be waived
10 with respect to any one (1) wind power device, subject to the
11 written consent of the owner of each affected nonparticipating
12 property.
13 Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, a wind
14 power device installed in a unit must be installed in a manner so as
15 to minimize and mitigate impacts to:
16 (1) television signals;
17 (2) microwave signals;
18 (3) agricultural global positioning systems;
19 (4) military defense radar;
20 (5) radio reception; or
21 (6) weather and doppler radar.
22 Sec. 13. (a) Subject to subsection (b), and except as otherwise
23 allowed by IC 36-7-4-1109, a project owner may not install or
24 locate a wind power device in a unit unless the project owner
25 demonstrates to the permit authority that the wind power device
26 will operate in a manner such that the sound attributable to the
27 wind power device will not exceed an hourly average sound level
28 of fifty (50) A-weighted decibels, as modeled at the outer wall of an
29 affected dwelling.
30 (b) The requirement set forth in subsection (a) may be waived
31 with respect to any one (1) wind power device, subject to the
32 written consent of the owner of each affected property.
33 Sec. 14. (a) As used in this section, "wind turbine light
34 mitigation technology" means any technology used in connection
35 with a wind power device to shield, limit, or otherwise mitigate the
36 amount, intensity, character, or visibility of light emitted from the
37 wind power device.
38 (b) Except as otherwise allowed by IC 36-7-4-1109, after
39 January 1, 2023, and to the extent permissible under federal law or
40 regulations, a project owner may not commence construction on a
41 wind power device on property in a unit unless the wind power
42 device is equipped with a wind turbine light mitigation technology,
SB 411—LS 7174/DI 101 13
1 subject to any supply chain constraints with respect to the
2 technology. However, a permit authority shall waive this
3 requirement if:
4 (1) the Federal Aviation Administration denies the project
5 owner's application to use a wind turbine light mitigation
6 technology; or
7 (2) the project owner determines that the use of a wind
8 turbine light mitigation technology is not economically
9 feasible.
10 Sec. 15. This section applies with respect to a wind power device
11 that is constructed or installed in a unit after June 30, 2022. Except
12 as otherwise allowed by IC 36-7-4-1109, all damages to waterways,
13 drainage ditches, field tiles, or other drainage related
14 infrastructure caused by the construction, installation, or
15 maintenance of a wind power device must be completely repaired
16 by the project owner to near original condition so as to not impede
17 the natural flow of water. All repairs must be completed within a
18 reasonable period of time and:
19 (1) to the satisfaction of the unit; and
20 (2) as stated in an applicable lease or another agreement with
21 the landowner;
22 subject to applicable federal, state, and local drainage laws and
23 regulations.
24 Sec. 16. (a) Subject to subsection (b), and except as otherwise
25 allowed by IC 36-7-4-1109, a project owner may not install or
26 locate a wind power device in a unit unless the project owner
27 submits to the permit authority a decommissioning and site
28 restoration plan, and posts a surety bond, or an equivalent means
29 of security acceptable to the permit authority, including a parent
30 company guarantee or an irrevocable letter of credit, in an amount
31 equal to the estimated cost of decommissioning the wind power
32 device, as calculated by a third party licensed or registered
33 engineer, or by another person with suitable experience in the
34 decommissioning of wind power devices, as agreed upon by the
35 project owner and the permit authority. The required bond or
36 other security shall be posted in increments such that the total
37 amount of the bond or security posted is as follows:
38 (1) An amount equal to twenty-five percent (25%) of the total
39 estimated decommissioning costs not later than the start date
40 of the wind power device's full commercial operation. For
41 purposes of this subdivision, the total estimated
42 decommissioning costs shall be reevaluated by a third party
SB 411—LS 7174/DI 101 14
1 licensed or registered engineer (or by another person with
2 suitable experience in the decommissioning of wind power
3 devices, as agreed upon by the project owner and the permit
4 authority) in connection with the:
5 (A) fifth anniversary; and
6 (B) tenth anniversary;
7 of the start date of the wind power device's full commercial
8 operation, and the total amount of the bond or security posted
9 under this subdivision shall be adjusted as necessary after
10 each reevaluation.
11 (2) An amount equal to fifty percent (50%) of the total
12 estimated decommissioning costs not later than the fifteenth
13 anniversary of the start date of the wind power device's full
14 commercial operation. For purposes of this subdivision, the
15 total estimated decommissioning costs shall be reevaluated by
16 a third party licensed or registered engineer (or by another
17 person with suitable experience in the decommissioning of
18 wind power devices, as agreed upon by the project owner and
19 the permit authority) in connection with the fifteenth
20 anniversary of the start date of the wind power device's full
21 commercial operation, and the total amount of the bond or
22 security posted under this subdivision shall be adjusted as
23 necessary after the reevaluation.
24 (3) An amount equal to one hundred percent (100%) of the
25 total estimated decommissioning costs not later than the
26 twentieth anniversary of the start date of the wind power
27 device's full commercial operation. For purposes of this
28 subdivision, the total estimated decommissioning costs shall
29 be reevaluated by a third party licensed or registered
30 engineer (or by another person with suitable experience in the
31 decommissioning of wind power devices, as agreed upon by
32 the project owner and the permit authority):
33 (A) in connection with the twentieth anniversary of the
34 start date of the wind power device's full commercial
35 operation; and
36 (B) at least once every succeeding five (5) year period after
37 the twentieth anniversary of the start date of the wind
38 power device's full commercial operation;
39 and the total amount of the bond or security posted under this
40 subdivision shall be adjusted as necessary after each
41 reevaluation.
42 (b) For purposes of this section, the estimated cost of
SB 411—LS 7174/DI 101 15
1 decommissioning a wind power device, as calculated by a licensed
2 or registered professional engineer (or by another person with
3 suitable experience in the decommissioning of wind power devices,
4 as agreed upon by the project owner and the permit authority),
5 shall be net of any estimated salvage value attributable to the wind
6 power device at the time of decommissioning, unless the unit and
7 the project owner agree to include any such value in the estimated
8 cost.
9 SECTION 3. IC 8-1-42 IS ADDED TO THE INDIANA CODE AS
10 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2022]:
12 Chapter 42. Default Standards for Commercial Solar Energy
13 Systems
14 Sec. 1. (a) Except as provided in subsections (b) and (c), and
15 subject to section 9(b) of this chapter, the standards set forth in
16 sections 10 through 20 of this chapter apply to a project owner
17 that, after June 30, 2022, submits an initial request for a project to
18 install or locate one (1) or more CSE systems in a unit that has
19 been certified as a commercial solar energy ready community
20 under IC 5-28-28.6.
21 (b) Except as provided in subsections (c) and (d), and subject to
22 section 9(b) of this chapter, one (1) or more particular standards
23 set forth in sections 10 through 20 of this chapter apply to a project
24 owner that submits an initial request for a project to install or
25 locate one (1) or more CSE systems in a unit that has in effect a
26 commercial solar regulation that includes those particular
27 standards at the time the project owner's initial request is
28 submitted.
29 (c) Subject to a unit's planning and zoning powers under
30 IC 36-7, this chapter does not apply to a property owner who seeks
31 to install a solar energy device (as defined in IC 32-23-4-3) on the
32 property owner's premises for the purpose of generating electricity
33 to meet or offset all or part of the need for electricity on the
34 premises, whether through distributed generation, participation in
35 a net metering or feed-in-tariff program offered by an electricity
36 supplier (as defined in IC 8-1-40-4), or otherwise.
37 (d) A standard set forth in sections 10 through 20 of this chapter
38 does not apply to any of the following, unless the standard is
39 already agreed to before July 1, 2022, by the parties involved:
40 (1) Any proposal, request, or application that:
41 (A) concerns the construction, installation, siting,
42 modification, operation, or decommissioning of one (1) or
SB 411—LS 7174/DI 101 16
1 more CSE systems in a unit;
2 (B) is submitted by a project owner to a unit before July 1,
3 2022; and
4 (C) is pending as of July 1, 2022;
5 as set forth in IC 36-7-4-1109.
6 (2) The:
7 (A) construction;
8 (B) installation;
9 (C) siting;
10 (D) modification;
11 (E) operation; or
12 (F) decommissioning;
13 of one (1) or more CSE systems in a unit that before July 1,
14 2022, has approved such construction, installation, siting,
15 modification, operation, or decommissioning.
16 (3) Any:
17 (A) economic development agreement; or
18 (B) other agreement;
19 entered into before July 1, 2022, with respect to the
20 construction, installation, siting, modification, operation, or
21 decommissioning of one (1) or more CSE systems in one (1) or
22 more units.
23 Sec. 2. (a) As used in this chapter, "commercial solar energy
24 system", or "CSE system", means a system that:
25 (1) has a nameplate capacity of at least ten (10) megawatts;
26 and
27 (2) captures and converts solar energy into electricity:
28 (A) for the purpose of selling the electricity at wholesale;
29 and
30 (B) for use in locations other than where it is generated.
31 (b) The term includes collection and feeder lines, generation tie
32 lines, substations, ancillary buildings, solar monitoring stations,
33 and accessory equipment or structures.
34 Sec. 3. As used in this chapter, "commercial solar regulation"
35 refers to any ordinance or regulation, including any:
36 (1) zoning or land use ordinance or regulation; or
37 (2) general or specific planning ordinance or regulation;
38 that is adopted by a unit and that concerns the construction,
39 installation, siting, modification, operation, or decommissioning of
40 CSE systems in the unit.
41 Sec. 4. As used in this chapter, "dwelling" means any building,
42 structure, or part of a building or structure that is occupied as, or
SB 411—LS 7174/DI 101 17
1 is designed or intended for occupancy as, a residence by one (1) or
2 more families or individuals.
3 Sec. 5. (a) As used in this chapter, "nonparticipating property"
4 means a lot or parcel of real property:
5 (1) that is not owned by a project owner; and
6 (2) with respect to which:
7 (A) the project owner does not seek:
8 (i) to install or locate one (1) or more CSE systems or
9 other facilities related to a CSE system project (including
10 power lines, temporary or permanent access roads, or
11 other temporary or permanent infrastructure); or
12 (ii) to otherwise enter into a lease or any other
13 agreement with the owner of the property for use of all
14 or part of the property in connection with a CSE system
15 project; or
16 (B) the owner of the property does not consent:
17 (i) to having one (1) or more CSE systems or other
18 facilities related to a CSE system project (including
19 power lines, temporary or permanent access roads, or
20 other temporary or permanent infrastructure) installed
21 or located; or
22 (ii) to otherwise enter into a lease or any other
23 agreement with the project owner for use of all or part
24 of the property in connection with a CSE system project.
25 (b) The term does not include a lot or parcel of real property
26 otherwise described in subsection (a) if the owner of the lot or
27 parcel consents to participate in a CSE system project through a
28 neighbor agreement, a participation agreement, or another similar
29 arrangement or agreement with a project owner.
30 Sec. 6. (a) As used in this chapter, "permit authority" means:
31 (1) a unit; or
32 (2) a board, a commission, or any other governing body of a
33 unit;
34 that makes legislative or administrative decisions concerning the
35 construction, installation, siting, modification, operation, or
36 decommissioning of CSE systems in the unit.
37 (b) The term does not include:
38 (1) the state or any of its agencies, departments, boards,
39 commissions, authorities, or instrumentalities; or
40 (2) a court or other judicial body that reviews decisions or
41 rulings made by a permit authority.
42 Sec. 7. (a) As used in this chapter, "project owner" means a
SB 411—LS 7174/DI 101 18
1 person that:
2 (1) will own one (1) or more CSE systems proposed to be
3 located in a unit; or
4 (2) owns one (1) or more CSE systems located in a unit.
5 (b) The term includes an agent or a representative of a person
6 described in subsection (a).
7 (c) The term does not include an electricity supplier (as defined
8 in IC 8-1-2.3-2).
9 Sec. 8. (a) As used in this chapter, "unit" refers to:
10 (1) a county, if a project owner, as part of a single CSE system
11 project or development, seeks to locate one (1) or more CSE
12 systems:
13 (A) entirely within unincorporated areas of the county;
14 (B) within both unincorporated areas of the county and
15 one (1) or more municipalities within the county; or
16 (C) entirely within two (2) or more municipalities within
17 the county; or
18 (2) a municipality, if:
19 (A) a project owner, as part of a single CSE system project
20 or development, seeks to locate one (1) or more CSE
21 systems entirely within the boundaries of the municipality;
22 and
23 (B) subdivision (1)(B) or (1)(C) does not apply.
24 (b) The term refers to:
25 (1) each county described in subsection (a)(1) in which a
26 project owner seeks to locate one (1) or more CSE systems, if
27 the project owner seeks to locate CSE systems in more than
28 one (1) county as part of a single CSE system project or
29 development; and
30 (2) each municipality described in subsection (a)(2) in which
31 a project owner seeks to locate one (1) or more CSE systems,
32 if the project owner seeks to locate CSE systems in two (2) or
33 more municipalities, each of which is located in a different
34 county.
35 Sec. 9. (a) A permit authority for a unit described in section 1(a)
36 or 1(b) of this chapter is responsible for enforcing compliance with
37 any standards set forth in sections 10 through 20 of this chapter
38 that apply in the unit under section 1(a) or 1(b) of this chapter.
39 (b) A unit may:
40 (1) adopt and enforce a commercial solar regulation that
41 includes standards that:
42 (A) concern the construction, installation, siting,
SB 411—LS 7174/DI 101 19
1 modification, operation, or decommissioning of CSE
2 systems in the unit; and
3 (B) are less restrictive than the standards set forth in this
4 chapter;
5 (2) waive or make less restrictive any standard set forth in
6 this chapter with respect to any particular:
7 (A) CSE system; or
8 (B) project to install one (1) or more CSE systems in the
9 unit; or
10 (3) waive or make less restrictive any standard that is not set
11 forth in this chapter but that is included in a commercial solar
12 regulation adopted by the unit with respect to any particular:
13 (A) CSE system; or
14 (B) project to install one (1) or more CSE systems in the
15 unit.
16 (c) This chapter does not affect a unit's planning and zoning
17 powers under IC 36-7 with respect to the installation or siting of
18 one (1) or more CSE systems in the unit.
19 Sec. 10. (a) Subject to subsection (e), and except as otherwise
20 allowed by IC 36-7-4-1109, a project owner may not install or
21 locate a CSE system on property in a unit unless the distance,
22 measured as a straight line, from the nearest outer edge of the CSE
23 system to:
24 (1) the nearest edge of the right-of-way for any:
25 (A) federal interstate highway, federal highway, state
26 highway, or county highway is at least forty (40) feet;
27 (B) collector road is at least thirty (30) feet; or
28 (C) local road is at least ten (10) feet; or
29 (2) the property line of any nonparticipating property is at
30 least fifty (50) feet.
31 (b) Subject to subsection (e), and except as otherwise allowed by
32 IC 36-7-4-1109, a project owner may not install or locate a CSE
33 system on property in a unit unless the distance, measured as a
34 straight line, from the nearest outer edge of the CSE system to the
35 nearest point on the outer wall of a dwelling located on a
36 nonparticipating property is at least one hundred fifty (150) feet.
37 (c) Subject to subsection (e), and except as otherwise allowed by
38 IC 36-7-4-1109, if a project owner installs a CSE system within a
39 distance of two hundred fifty (250) feet, measured as a straight
40 line, from the nearest outer edge of the CSE system to the nearest
41 point on the outer wall of a dwelling located on a nonparticipating
42 property, the project owner shall install a landscape buffer in the
SB 411—LS 7174/DI 101 20
1 area between the nearest outer edge of the CSE system and the
2 outer wall of the dwelling located on the nonparticipating
3 property:
4 (1) in a location; and
5 (2) constructed from such materials;
6 as set forth in a plan submitted to the unit during the permitting
7 and approval process for the CSE system.
8 (d) Except as otherwise allowed by IC 36-7-4-1109, a project
9 owner may not install or locate a CSE system on property in a unit
10 unless the height of the CSE system solar panels are not more than
11 twenty-five (25) feet above ground level when the CSE system's
12 arrays are at full tilt. However, a permit authority or a unit may
13 not impose a clearance requirement between the ground and the
14 bottom edge of a CSE system's solar panels.
15 (e) The:
16 (1) distance requirements set forth in subsection (a)(2) and
17 subsection (b); and
18 (2) requirement for the installation of a landscape buffer set
19 forth in subsection (c);
20 may be waived with respect to the siting of any one (1) CSE system,
21 subject to the written consent of the owner of each affected
22 nonparticipating property.
23 Sec. 11. Except as otherwise allowed by IC 36-7-4-1109, if a
24 project owner installs a CSE system in a unit, the project owner
25 shall plant, establish, and maintain for the life of the CSE system
26 perennial vegetated ground cover on the ground around and under
27 solar panels, and in project site buffer areas. The use of pollinator
28 seed mixes in the planting of ground cover required by this section
29 is encouraged. A unit or permit authority may require a project
30 owner to prepare for a project site a vegetation plan that:
31 (1) is compatible with each CSE system on the project site;
32 (2) provides for the planting of noninvasive species and the
33 use of native or naturalized species if the planting and use of
34 noninvasive and native or naturalized species are:
35 (A) appropriate to the region;
36 (B) economically feasible; and
37 (C) agreed to by the landowner;
38 in order to reduce storm water runoff and erosion at the site
39 and to provide habitat for wildlife and insects; and
40 (3) provides for site preparation and maintenance practices
41 designed to control invasive species and noxious weeds (as
42 defined in IC 15-16-7-2).
SB 411—LS 7174/DI 101 21
1 Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, if a
2 project owner installs a CSE system in a unit, the project owner
3 shall completely enclose the CSE system with fencing that is at
4 least six (6) feet high.
5 Sec. 13. Except as otherwise allowed by IC 36-7-4-1109, if a
6 project owner installs a CSE system in a unit, all cables of up to
7 thirty-four and one-half (34.5) kilovolts that are located between
8 inverter locations and project substations shall be located and
9 maintained underground. Other solar infrastructure, such as
10 module-to-module collection cables, transmission lines, substations,
11 junction boxes, and other typical aboveground infrastructure may
12 be located and maintained above ground. Buried cables shall be at
13 a depth of at least thirty-six (36) inches below grade or, if
14 necessitated by onsite conditions, at a greater depth. Cables and
15 lines located outside of the CSE system project site may:
16 (1) be located above ground; or
17 (2) in the case of cables or lines of up to thirty-four and
18 one-half (34.5) kilovolts, be buried underground at:
19 (A) a depth of at least forty-eight (48) inches below grade,
20 so as to not interfere with drainage tile or ditch repairs; or
21 (B) another depth, as necessitated by conditions;
22 as determined in consultation with the landowner.
23 Sec. 14. Except as otherwise allowed by IC 36-7-4-1109, a CSE
24 system installed by a project owner must be designed and
25 constructed to:
26 (1) minimize glare on adjacent properties and roadways; and
27 (2) not interfere with vehicular traffic, including air traffic.
28 Sec. 15. Except as otherwise allowed by IC 36-7-4-1109, a CSE
29 system installed in a unit must be installed in a manner so as to
30 minimize and mitigate impacts to:
31 (1) television signals;
32 (2) microwave signals;
33 (3) agricultural global positioning systems;
34 (4) military defense radar;
35 (5) radio reception; or
36 (6) weather and doppler radar.
37 Sec. 16. (a) Subject to subsection (b), and except as otherwise
38 allowed by IC 36-7-4-1109, a project owner may not install or
39 locate a CSE system in a unit unless the project owner
40 demonstrates to the permit authority that the CSE system will
41 operate in a manner such that the sound attributable to the CSE
42 system will not exceed an hourly average sound level of fifty (50)
SB 411—LS 7174/DI 101 22
1 A-weighted decibels, as modeled at the outer wall of a dwelling
2 located on an adjacent nonparticipating property.
3 (b) The requirement set forth in subsection (a) may be waived
4 with respect to any one (1) CSE system, subject to the written
5 consent of the owner of each adjacent nonparticipating property.
6 Sec. 17. This section applies with respect to a CSE system that
7 is constructed or installed in a unit after June 30, 2022. Except as
8 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 CSE system must be completely repaired by the
12 project owner to near original condition so as to not impede the
13 natural flow of water. All repairs must be completed within a
14 reasonable period of time and:
15 (1) to the satisfaction of the unit; and
16 (2) as stated in an applicable lease or another agreement with
17 the landowner;
18 subject to applicable federal, state, and local drainage laws and
19 regulations.
20 Sec. 18. (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 CSE system in a unit unless the project owner submits to
23 the permit authority a decommissioning and site restoration plan,
24 and posts a surety bond, or an equivalent means of security
25 acceptable to the permit authority, including a parent company
26 guarantee or an irrevocable letter of credit, in an amount equal to
27 the estimated cost of decommissioning the CSE system, as
28 calculated by a third party licensed or registered engineer or by
29 another person with suitable experience in the decommissioning of
30 CSE systems, as agreed upon by the project owner and the permit
31 authority. The required bond or other security shall be posted in
32 increments such that the total amount of the bond or security
33 posted is as follows:
34 (1) An amount equal to twenty-five percent (25%) of the total
35 estimated decommissioning costs not later than the start date
36 of the CSE system's full commercial operation.
37 (2) An amount equal to fifty percent (50%) of the total
38 estimated decommissioning costs not later than the fifth
39 anniversary of the start date of the CSE system's full
40 commercial operation.
41 (3) An amount equal to one hundred percent (100%) of the
42 total estimated decommissioning costs not later than the tenth
SB 411—LS 7174/DI 101 23
1 anniversary of the start date of the CSE system's full
2 commercial operation. For purposes of this subdivision, the
3 total estimated decommissioning costs shall be reevaluated by
4 a third party licensed or registered engineer (or by another
5 person with suitable experience in the decommissioning of
6 CSE systems, as agreed upon by the project owner and the
7 permit authority):
8 (A) in connection with the tenth anniversary of the start
9 date of the CSE system's full commercial operation; and
10 (B) at least once every succeeding five (5) year period after
11 the tenth anniversary of the start date of the CSE system's
12 full commercial operation;
13 and the total amount of the bond or security posted under this
14 subdivision shall be adjusted as necessary after each
15 reevaluation.
16 (b) For purposes of this section, the estimated cost of
17 decommissioning a CSE system, as calculated by a licensed or
18 registered professional engineer (or by another person with
19 suitable experience in the decommissioning of CSE systems, as
20 agreed upon by the project owner and the permit authority), shall
21 be net of any estimated salvage value attributable to the CSE
22 system at the time of decommissioning, unless the unit and the
23 project owner agree to include any such value in the estimated cost.
24 (c) A project owner shall provide to the permit authority
25 written notice of the project owner's intent to decommission a CSE
26 system not later than sixty (60) days before the discontinuation of
27 commercial operation by the CSE system. Except as provided in
28 subsection (e), after the discontinuation of commercial operation
29 by the CSE system, and as part of the decommissioning process:
30 (1) all structures, foundations, roads, gravel areas, and cables
31 associated with the project shall be removed to a depth of at
32 least thirty-six (36) inches below grade; and
33 (2) the ground shall be restored to a condition reasonably
34 similar to its condition before the start of construction
35 activities in connection with the CSE system project.
36 (d) Except as provided in subsection (e), if the project owner
37 fails to remove all CSE system project assets not later than one (1)
38 year after the proposed date of final decommissioning, as set forth
39 in the notice to the permit authority under subsection (c), the
40 permit authority may engage qualified contractors to:
41 (1) enter the project site;
42 (2) remove the CSE system project assets;
SB 411—LS 7174/DI 101 24
1 (3) sell any assets removed; and
2 (4) remediate the site;
3 and may initiate proceedings to recover any costs incurred.
4 (e) Project assets may remain in place after decommissioning is
5 complete if:
6 (1) the location and condition of the assets conform with local
7 regulations at the time of decommissioning; and
8 (2) the written consent of the landowner is obtained.
9 Sec. 19. (a) If a CSE system installed in a unit does not generate
10 electricity for eighteen (18) consecutive months:
11 (1) the CSE system is considered abandoned as of the date
12 that is five hundred forty (540) days after the date on which
13 the CSE system last generated electricity; and
14 (2) all CSE system project assets shall be removed in
15 accordance with section 18(c) of this chapter not later than
16 one (1) year after the date of abandonment specified in
17 subdivision (1).
18 (b) In the case of abandonment, as described in subsection (a),
19 if the project owner fails to remove the CSE system project assets
20 not later than one (1) year after the date of abandonment, as
21 required by subsection (a)(2), the permit authority may engage
22 qualified contractors to:
23 (1) enter the project site;
24 (2) remove the CSE system project assets;
25 (3) sell any assets removed; and
26 (4) remediate the site;
27 and may initiate proceedings to recover any costs incurred.
28 Sec. 20. (a) As used in this section, "force majeure event"
29 includes the following:
30 (1) Fire, flood, tornado, or other natural disasters or acts of
31 God.
32 (2) War, civil strife, a terrorist attack, or other similar acts of
33 violence.
34 (3) Other unforeseen events or events over which a project
35 owner has no control.
36 (b) If a force majeure event results in a CSE system not
37 generating electricity, the project owner shall:
38 (1) as soon as practicable after the occurrence of the force
39 majeure event, provide notice to the permit authority of the
40 event and of the resulting cessation of generating operations;
41 and
42 (2) demonstrate to the permit authority that the CSE system
SB 411—LS 7174/DI 101 25
1 will be substantially operational and generating electricity not
2 later than twelve (12) months after the occurrence of the force
3 majeure event.
4 (c) If the CSE system does not become substantially operational
5 and resume generating electricity within the time set forth in
6 subsection b(2):
7 (1) the CSE system is considered abandoned as of the date
8 that is three hundred sixty-five (365) days after the date on
9 which the CSE system last generated electricity; and
10 (2) all CSE system project assets shall be removed in
11 accordance with section 18(c) of this chapter not later than
12 one (1) year after the date of abandonment specified in
13 subdivision (1).
14 (d) In the case of presumed abandonment, as described in
15 subsection (c), if the project owner fails to remove the CSE system
16 project assets not later than one (1) year after the date of
17 abandonment, as required by subsection (c)(2), the permit
18 authority may engage qualified contractors to:
19 (1) enter the project site;
20 (2) remove the CSE system project assets;
21 (3) sell any assets removed; and
22 (4) remediate the site;
23 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
SB 411—LS 7174/DI 101