*ES0411.2*
February 22, 2022
ENGROSSED
SENATE BILL No. 411
_____
DIGEST OF SB 411 (Updated February 22, 2022 10:52 am - DI 134)
Citations Affected: IC 8-1.
Synopsis: Commercial solar and wind energy. Establishes and
describes default standards for wind power devices and commercial
solar energy systems.
Effective: July 1, 2022.
Messmer, Koch, Randolph Lonnie M
(HOUSE SPONSORS — SOLIDAY, MOED, NEGELE)
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.
January 28, 2022, engrossed.
February 1, 2022, read third time, passed. Yeas 41, nays 7.
HOUSE ACTION
February 8, 2022, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
February 15, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 22, 2022, amended, reported — Do Pass.
ES 411—LS 7174/DI 101 February 22, 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.
ENGROSSED
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 8-1-41 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2022]:
4 Chapter 41. Default Standards for Wind Power Devices
5 Sec. 1. (a) Except as provided in subsections (b) and (c), and
6 subject to IC 36-7-4-1109 and section 9(b) of this chapter, one (1)
7 or more particular standards set forth in sections 10 through 16 of
8 this chapter apply to a project owner that, after June 30, 2022, files
9 an initial application for a project to install or locate one (1) or
10 more wind power devices in a unit that has in effect a wind power
11 regulation that includes those particular standards at the time the
12 project owner's initial application is filed.
13 (b) Subject to a unit's planning and zoning powers under
14 IC 36-7, this chapter does not apply to a property owner that seeks
15 to install a wind power device on the property owner's premises for
ES 411—LS 7174/DI 101 2
1 the purpose of generating electricity to meet or offset all or part of
2 the need for electricity on the premises, whether through
3 distributed generation, participation in a net metering program
4 offered by an electricity supplier (as defined in IC 8-1-40-4), or
5 otherwise.
6 (c) Unless a standard set forth in sections 10 through 16 of this
7 chapter is already agreed to before July 1, 2022, by the parties
8 involved, the standard does not:
9 (1) apply to any proposal, request, or application that:
10 (A) concerns the permitting, construction, installation,
11 siting, modification, operation, or decommissioning of one
12 (1) or more wind power devices in a unit;
13 (B) is submitted by a project owner to a unit before July 1,
14 2022; and
15 (C) is pending approval or has been approved as of July 1,
16 2022;
17 as set forth in IC 36-7-4-1109;
18 (2) affect the:
19 (A) permitting;
20 (B) construction;
21 (C) installation;
22 (D) siting;
23 (E) modification;
24 (F) operation; or
25 (G) decommissioning;
26 of one (1) or more wind power devices in a unit that before
27 July 1, 2022, has approved such permitting, construction,
28 installation, siting, modification, operation, or
29 decommissioning; or
30 (3) affect any:
31 (A) economic development agreement; or
32 (B) other agreement;
33 entered into before July 1, 2022, with respect to the
34 permitting, construction, installation, siting, modification,
35 operation, or decommissioning of one (1) or more wind power
36 devices in one (1) or more units.
37 Sec. 2. As used in this chapter, "dwelling" means any building,
38 structure, or part of a building or structure that is occupied as, or
39 is designed or intended for occupancy as, a residence by one (1) or
40 more families or individuals.
41 Sec. 3. (a) As used in this chapter, "nonparticipating property"
42 means a lot or parcel of real property:
ES 411—LS 7174/DI 101 3
1 (1) that is not owned by a project owner; and
2 (2) with respect to which:
3 (A) the project owner does not seek:
4 (i) to install or locate one (1) or more wind power devices
5 or other facilities related to a wind power project
6 (including power lines, temporary or permanent access
7 roads, or other temporary or permanent infrastructure);
8 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 wind power
12 project; or
13 (B) the owner of the property does not consent:
14 (i) to having one (1) or more wind power devices or other
15 facilities related to a wind power 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 wind power 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 wind power project through a
25 neighbor agreement, a participation agreement, or another similar
26 arrangement or agreement with a project owner.
27 Sec. 4. (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 permitting, construction, installation, siting, modification,
33 operation, or decommissioning of wind power devices 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. 5. (a) As used in this chapter, "project owner" means a
40 person that:
41 (1) will own one (1) or more wind power devices proposed to
42 be located in a unit; or
ES 411—LS 7174/DI 101 4
1 (2) owns one (1) or more wind power devices 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. 6. (a) As used in this chapter, "unit" refers to:
7 (1) a county, if a project owner, as part of a single wind power
8 project or development, seeks to locate one (1) or more wind
9 power devices:
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 wind power project
17 or development, seeks to locate one (1) or more wind
18 power devices entirely within the boundaries of the
19 municipality; 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 wind power
24 devices, if the project owner seeks to locate wind power
25 devices in more than one (1) county as part of a single wind
26 power project or development; and
27 (2) each municipality described in subsection (a)(2) in which
28 a project owner seeks to locate one (1) or more wind power
29 devices, if the project owner seeks to locate wind power
30 devices in two (2) or more municipalities, each of which is
31 located in a different county.
32 Sec. 7. As used in this chapter, "wind power device" means a
33 device, including a windmill or a wind turbine, that is designed to
34 use the kinetic energy of moving air to provide mechanical energy
35 or to produce electricity.
36 Sec. 8. As used in this chapter, "wind power regulation" refers
37 to any ordinance or regulation, including any:
38 (1) zoning or land use ordinance or regulation; or
39 (2) general or specific planning ordinance or regulation;
40 that is adopted by a unit and that concerns the permitting,
41 construction, installation, siting, modification, operation, or
42 decommissioning of wind power devices in the unit.
ES 411—LS 7174/DI 101 5
1 Sec. 9. (a) A permit authority for a unit described in section 1(a)
2 of this chapter is responsible for enforcing compliance with any
3 standards set forth in sections 10 through 16 of this chapter that
4 apply in the unit under section 1(a) of this chapter.
5 (b) A unit may:
6 (1) adopt and enforce a wind power regulation that includes
7 standards that:
8 (A) concern the permitting, construction, installation,
9 siting, modification, operation, or decommissioning of
10 wind power devices in the unit; and
11 (B) are less restrictive than the standards set forth in this
12 chapter;
13 (2) waive or make less restrictive any standard set forth in
14 this chapter with respect to any particular:
15 (A) wind power device; or
16 (B) project to install one (1) or more wind power devices in
17 the unit; or
18 (3) waive or make less restrictive any standard that is not set
19 forth in this chapter but that is included in a wind power
20 regulation adopted by the unit with respect to any particular:
21 (A) wind power device; or
22 (B) project to install one (1) or more wind power devices in
23 the unit.
24 (c) This chapter does not affect a unit's planning and zoning
25 powers under IC 36-7 with respect to the permitting, construction,
26 installation, or siting of one (1) or more wind power devices in the
27 unit.
28 Sec. 10. (a) Subject to subsection (h), and except as otherwise
29 allowed by IC 36-7-4-1109, a project owner may not install or
30 locate a wind power device on property in a unit unless the
31 distance, measured as a straight line, from the vertical centerline
32 of the base of the wind power device to:
33 (1) the centerline of any:
34 (A) runway located on a public use airport, private use
35 airport, or municipal airport;
36 (B) public use highway, street, or road; or
37 (C) railroad easement or right-of-way; or
38 (2) the property line of any nonparticipating property;
39 is equal to a distance that is at least one and one-tenth (1.1) times
40 the wind power device's blade tip height, as measured from the
41 ground to the tip of the blade.
42 (b) Subject to subsection (h), and except as otherwise allowed by
ES 411—LS 7174/DI 101 6
1 IC 36-7-4-1109, a project owner may not install or locate a wind
2 power device on property in a unit unless the distance, measured
3 as a straight line, from the vertical centerline of the base of the
4 wind power device to the nearest point on the outer wall of a
5 dwelling located on a nonparticipating property is equal to a
6 distance that is at least three (3) times the wind power device's
7 blade tip height, as measured from the ground to the tip of the
8 blade.
9 (c) Except as otherwise allowed by IC 36-7-4-1109, a project
10 owner may not install or locate a wind power device on property
11 in a unit unless the distance, measured as a straight line, from the
12 vertical centerline of the base of the wind power device to the
13 nearest edge of the right-of-way for any utility transmission or
14 distribution line is equal to a distance that is at least one and
15 two-tenths (1.2) times the wind power device's blade tip height, as
16 measured from the ground to the tip of the blade.
17 (d) Except as otherwise allowed by IC 36-7-4-1109, a project
18 owner may not install or locate a wind power device on property
19 in a unit unless the distance, measured as a straight line, from the
20 vertical centerline of the base of the wind power device to the
21 property line of any undeveloped land within the unit that is zoned
22 or platted for residential use is equal to a distance that is at least
23 two (2) times the wind power device's blade tip height, as measured
24 from the ground to the tip of the blade.
25 (e) Except as otherwise allowed by IC 36-7-4-1109, a project
26 owner may not install or locate a wind power device on property
27 in a unit unless the distance, measured as a straight line, from the
28 vertical centerline of the base of the wind power device to the
29 property line of a state park is equal to a distance of at least one (1)
30 mile.
31 (f) A project owner may not install or locate a wind power
32 device within a county unless the distance, measured as a straight
33 line, from the vertical centerline of the base of the wind power
34 device to the corporate boundaries of any municipality within the
35 county is equal to a distance of at least one (1) mile. However, a
36 municipality may waive or reduce the minimum distance
37 prescribed by this subsection with respect to the installation of one
38 (1) or more wind power devices.
39 (g) Except as otherwise allowed by IC 36-7-4-1109, a permit
40 authority, with respect to the permitting, construction, installation,
41 or siting of any wind power device within the unit, may not set a
42 blade tip height limitation, through a wind power regulation or
ES 411—LS 7174/DI 101 7
1 otherwise, that is more restrictive than the standards of the
2 Federal Aviation Administration under 14 CFR Part 77 concerning
3 the safe, efficient use and preservation of the navigable airspace.
4 (h) The distance requirements set forth in subsections (a)(2) and
5 (b) may be waived with respect to the siting of any one (1) wind
6 power device, subject to the written consent of the owner of each
7 affected nonparticipating property.
8 Sec. 11. (a) Subject to subsection (c), and except as otherwise
9 allowed by IC 36-7-4-1109, a project owner may not install or
10 locate one (1) or more wind power devices in a unit unless the
11 project owner demonstrates to the permit authority that with
12 respect to each wind power device that the project owner seeks to
13 install or locate in the unit:
14 (1) the project owner has used shadow flicker computer
15 modeling to estimate the amount of shadow flicker anticipated
16 to be caused by the wind power device; and
17 (2) the wind power device has been designed such that
18 industry standard computer modeling indicates that any
19 dwelling on a nonparticipating property within the unit will
20 not experience more than thirty (30) hours per year of shadow
21 flicker under planned operating conditions for the wind
22 power device.
23 (b) After a project owner installs or locates a wind power device
24 in a unit, the project owner shall work with the owner of any
25 affected dwelling on a nonparticipating property to mitigate the
26 effects of shadow flicker to the extent reasonably practicable.
27 (c) The requirement set forth in subsection (a)(2) may be waived
28 with respect to any one (1) wind power device, subject to the
29 written consent of the owner of each affected nonparticipating
30 property.
31 Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, a wind
32 power device installed in a unit must be installed in a manner so as
33 to minimize and mitigate impacts to:
34 (1) television signals;
35 (2) microwave signals;
36 (3) agricultural global positioning systems;
37 (4) military defense radar;
38 (5) radio reception; or
39 (6) weather and doppler radar.
40 Sec. 13. (a) Subject to subsection (b), and except as otherwise
41 allowed by IC 36-7-4-1109, a project owner may not install or
42 locate a wind power device in a unit unless the project owner
ES 411—LS 7174/DI 101 8
1 demonstrates to the permit authority that the wind power device
2 will operate in a manner such that the sound attributable to the
3 wind power device will not exceed an hourly average sound level
4 of fifty (50) A-weighted decibels, as modeled at the outer wall of an
5 affected dwelling.
6 (b) The requirement set forth in subsection (a) may be waived
7 with respect to any one (1) wind power device, subject to the
8 written consent of the owner of each affected property.
9 Sec. 14. (a) As used in this section, "wind turbine light
10 mitigation technology" means any technology used in connection
11 with a wind power device to shield, limit, or otherwise mitigate the
12 amount, intensity, character, or visibility of light emitted from the
13 wind power device.
14 (b) Except as otherwise allowed by IC 36-7-4-1109, after
15 January 1, 2023, and to the extent permissible under federal law or
16 regulations, a wind power device on property in a unit must be
17 equipped with a wind turbine light mitigation technology, unless:
18 (1) the Federal Aviation Administration denies the project
19 owner's application to use a wind turbine light mitigation
20 technology;
21 (2) the wind turbine light mitigation technology application is
22 pending review by the appropriate federal agencies; or
23 (3) the project owner determines that the use of a wind
24 turbine light mitigation technology is not economically
25 feasible.
26 Sec. 15. This section applies with respect to a wind power device
27 that is constructed or installed in a unit after June 30, 2022. Except
28 as otherwise allowed by IC 36-7-4-1109, all damages to waterways,
29 drainage ditches, field tiles, or other drainage related
30 infrastructure caused by the construction, installation, or
31 maintenance of a wind power device must be completely repaired
32 by the project owner or remedied with the installation of new
33 drainage infrastructure so as to not impede the natural flow of
34 water. All repairs must be completed within a reasonable period of
35 time and:
36 (1) to the satisfaction of the unit; and
37 (2) as stated in an applicable lease or another agreement with
38 the landowner;
39 subject to applicable federal, state, and local drainage laws and
40 regulations.
41 Sec. 16. (a) Subject to subsection (b), and except as otherwise
42 allowed by IC 36-7-4-1109, a project owner may not install or
ES 411—LS 7174/DI 101 9
1 locate a wind power device in a unit unless the project owner
2 submits to the permit authority a decommissioning and site
3 restoration plan, and posts a surety bond, or an equivalent means
4 of security acceptable to the permit authority, including a parent
5 company guarantee or an irrevocable letter of credit, but excluding
6 cash, in an amount equal to the estimated cost of decommissioning
7 the wind power device, as calculated by a third party licensed or
8 registered engineer, or by another person with suitable experience
9 in the decommissioning of wind power devices, as agreed upon by
10 the project owner and the permit authority. The required bond or
11 other security shall be posted in increments such that the total
12 amount of the bond or security posted is as follows:
13 (1) An amount equal to twenty-five percent (25%) of the total
14 estimated decommissioning costs not later than the start date
15 of the wind power device's full commercial operation. For
16 purposes of this subdivision, the total estimated
17 decommissioning costs shall be reevaluated by a third party
18 licensed or registered engineer (or by another person with
19 suitable experience in the decommissioning of wind power
20 devices, as agreed upon by the project owner and the permit
21 authority) in connection with the:
22 (A) fifth anniversary; and
23 (B) tenth anniversary;
24 of the start date of the wind power device's full commercial
25 operation, and the total amount of the bond or security posted
26 under this subdivision shall be adjusted as necessary after
27 each reevaluation.
28 (2) An amount equal to fifty percent (50%) of the total
29 estimated decommissioning costs not later than the fifteenth
30 anniversary of the start date of the wind power device's full
31 commercial operation. For purposes of this subdivision, the
32 total estimated decommissioning costs shall be reevaluated by
33 a third party licensed or registered engineer (or by another
34 person with suitable experience in the decommissioning of
35 wind power devices, as agreed upon by the project owner and
36 the permit authority) in connection with the fifteenth
37 anniversary of the start date of the wind power device's full
38 commercial operation, and the total amount of the bond or
39 security posted under this subdivision shall be adjusted as
40 necessary after the reevaluation.
41 (3) An amount equal to one hundred percent (100%) of the
42 total estimated decommissioning costs not later than the
ES 411—LS 7174/DI 101 10
1 twentieth anniversary of the start date of the wind power
2 device's full commercial operation. For purposes of this
3 subdivision, the total estimated decommissioning costs shall
4 be reevaluated by a third party licensed or registered
5 engineer (or by another person with suitable experience in the
6 decommissioning of wind power devices, as agreed upon by
7 the project owner and the permit authority):
8 (A) in connection with the twentieth anniversary of the
9 start date of the wind power device's full commercial
10 operation; and
11 (B) at least once every succeeding five (5) year period after
12 the twentieth anniversary of the start date of the wind
13 power device's full commercial operation;
14 and the total amount of the bond or security posted under this
15 subdivision shall be adjusted as necessary after each
16 reevaluation.
17 (b) For purposes of this section, the estimated cost of
18 decommissioning a wind power device, as calculated by a licensed
19 or registered professional engineer (or by another person with
20 suitable experience in the decommissioning of wind power devices,
21 as agreed upon by the project owner and the permit authority),
22 shall be net of any estimated salvage value attributable to the wind
23 power device at the time of decommissioning, unless the unit and
24 the project owner agree to include any such value in the estimated
25 cost.
26 SECTION 2. IC 8-1-42 IS ADDED TO THE INDIANA CODE AS
27 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
28 1, 2022]:
29 Chapter 42. Default Standards for Commercial Solar Energy
30 Systems
31 Sec. 1. (a) Except as provided in subsections (b) and (c), and
32 subject to IC 36-7-4-1109 and section 9(b) of this chapter, one (1)
33 or more particular standards set forth in sections 10 through 20 of
34 this chapter apply to a project owner that, after June 30, 2022, files
35 an initial application for a project to install or locate one (1) or
36 more CSE systems in a unit that has in effect a commercial solar
37 regulation that includes those particular standards at the time the
38 project owner's initial application is filed.
39 (b) Subject to a unit's planning and zoning powers under
40 IC 36-7, this chapter does not apply to a property owner who seeks
41 to install a solar energy device (as defined in IC 32-23-4-3) on the
42 property owner's premises for the purpose of generating electricity
ES 411—LS 7174/DI 101 11
1 to meet or offset all or part of the need for electricity on the
2 premises, whether through distributed generation, participation in
3 a net metering program offered by an electricity supplier (as
4 defined in IC 8-1-40-4), or otherwise.
5 (c) Unless a standard set forth in sections 10 through 20 of this
6 chapter is already agreed to before July 1, 2022, by the parties
7 involved, the standard does not:
8 (1) apply to any proposal, request, or application that:
9 (A) concerns the permitting, construction, installation,
10 siting, modification, operation, or decommissioning of one
11 (1) or more CSE systems in a unit;
12 (B) is submitted by a project owner to a unit before July 1,
13 2022; and
14 (C) is pending approval or has been approved as of July 1,
15 2022;
16 as set forth in IC 36-7-4-1109;
17 (2) affect the:
18 (A) permitting;
19 (B) construction;
20 (C) installation;
21 (D) siting;
22 (E) modification;
23 (F) operation; or
24 (G) decommissioning;
25 of one (1) or more CSE systems in a unit that before July 1,
26 2022, has approved such permitting, construction,
27 installation, siting, modification, operation, or
28 decommissioning; or
29 (3) affect any:
30 (A) economic development agreement; or
31 (B) other agreement;
32 entered into before July 1, 2022, with respect to the
33 permitting, construction, installation, siting, modification,
34 operation, or decommissioning of one (1) or more CSE
35 systems in one (1) or more units.
36 Sec. 2. (a) As used in this chapter, "commercial solar energy
37 system", or "CSE system", means a system that:
38 (1) has a nameplate capacity of at least ten (10) megawatts;
39 and
40 (2) captures and converts solar energy into electricity:
41 (A) for the purpose of selling the electricity at wholesale;
42 and
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1 (B) for use in locations other than where it is generated.
2 (b) The term includes solar panels, collection and feeder lines,
3 generation tie lines, substations, ancillary buildings, solar
4 monitoring stations, and accessory equipment or structures.
5 Sec. 3. As used in this chapter, "commercial solar regulation"
6 refers to any ordinance or regulation, including any:
7 (1) zoning or land use ordinance or regulation; or
8 (2) general or specific planning ordinance or regulation;
9 that is adopted by a unit and that concerns the permitting,
10 construction, installation, siting, modification, operation, or
11 decommissioning of CSE systems in the unit.
12 Sec. 4. As used in this chapter, "dwelling" means any building,
13 structure, or part of a building or structure that is occupied as, or
14 is designed or intended for occupancy as, a residence by one (1) or
15 more families or individuals.
16 Sec. 5. (a) As used in this chapter, "nonparticipating property"
17 means a lot or parcel of real property:
18 (1) that is not owned by a project owner; and
19 (2) with respect to which:
20 (A) the project owner does not seek:
21 (i) to install or locate one (1) or more CSE systems or
22 other facilities related to a CSE system project (including
23 power lines, temporary or permanent access roads, or
24 other temporary or permanent infrastructure); or
25 (ii) to otherwise enter into a lease or any other
26 agreement with the owner of the property for use of all
27 or part of the property in connection with a CSE system
28 project; or
29 (B) the owner of the property does not consent:
30 (i) to having one (1) or more CSE systems or other
31 facilities related to a CSE system project (including
32 power lines, temporary or permanent access roads, or
33 other temporary or permanent infrastructure) installed
34 or located; or
35 (ii) to otherwise enter into a lease or any other
36 agreement with the project owner for use of all or part
37 of the property in connection with a CSE system project.
38 (b) The term does not include a lot or parcel of real property
39 otherwise described in subsection (a) if the owner of the lot or
40 parcel consents to participate in a CSE system project through a
41 neighbor agreement, a participation agreement, or another similar
42 arrangement or agreement with a project owner.
ES 411—LS 7174/DI 101 13
1 Sec. 6. (a) As used in this chapter, "permit authority" means:
2 (1) a unit; or
3 (2) a board, a commission, or any other governing body of a
4 unit;
5 that makes legislative or administrative decisions concerning the
6 permitting, construction, installation, siting, modification,
7 operation, or decommissioning of CSE systems in the unit.
8 (b) The term does not include:
9 (1) the state or any of its agencies, departments, boards,
10 commissions, authorities, or instrumentalities; or
11 (2) a court or other judicial body that reviews decisions or
12 rulings made by a permit authority.
13 Sec. 7. (a) As used in this chapter, "project owner" means a
14 person that:
15 (1) will own one (1) or more CSE systems proposed to be
16 located in a unit; or
17 (2) owns one (1) or more CSE systems located in a unit.
18 (b) The term includes an agent or a representative of a person
19 described in subsection (a).
20 (c) The term does not include an electricity supplier (as defined
21 in IC 8-1-2.3-2).
22 Sec. 8. (a) As used in this chapter, "unit" refers to:
23 (1) a county, if a project owner, as part of a single CSE system
24 project or development, seeks to locate one (1) or more CSE
25 systems:
26 (A) entirely within unincorporated areas of the county;
27 (B) within both unincorporated areas of the county and
28 one (1) or more municipalities within the county; or
29 (C) entirely within two (2) or more municipalities within
30 the county; or
31 (2) a municipality, if:
32 (A) a project owner, as part of a single CSE system project
33 or development, seeks to locate one (1) or more CSE
34 systems entirely within the boundaries of the municipality;
35 and
36 (B) subdivision (1)(B) or (1)(C) does not apply.
37 (b) The term refers to:
38 (1) each county described in subsection (a)(1) in which a
39 project owner seeks to locate one (1) or more CSE systems, if
40 the project owner seeks to locate CSE systems in more than
41 one (1) county as part of a single CSE system project or
42 development; and
ES 411—LS 7174/DI 101 14
1 (2) each municipality described in subsection (a)(2) in which
2 a project owner seeks to locate one (1) or more CSE systems,
3 if the project owner seeks to locate CSE systems in two (2) or
4 more municipalities, each of which is located in a different
5 county.
6 Sec. 9. (a) A permit authority for a unit described in section 1(a)
7 of this chapter is responsible for enforcing compliance with any
8 standards set forth in sections 10 through 20 of this chapter that
9 apply in the unit under section 1(a) of this chapter.
10 (b) A unit may:
11 (1) adopt and enforce a commercial solar regulation that
12 includes standards that:
13 (A) concern the permitting, construction, installation,
14 siting, modification, operation, or decommissioning of CSE
15 systems in the unit; and
16 (B) are less restrictive than the standards set forth in this
17 chapter;
18 (2) waive or make less restrictive any standard set forth in
19 this chapter with respect to any particular:
20 (A) CSE system; or
21 (B) project to install one (1) or more CSE systems in the
22 unit; or
23 (3) waive or make less restrictive any standard that is not set
24 forth in this chapter but that is included in a commercial solar
25 regulation adopted by the unit with respect to any particular:
26 (A) CSE system; or
27 (B) project to install one (1) or more CSE systems in the
28 unit.
29 (c) This chapter does not affect a unit's planning and zoning
30 powers under IC 36-7 with respect to the permitting, construction,
31 installation, or siting of one (1) or more CSE systems in the unit.
32 Sec. 10. (a) Subject to subsection (e), and except as otherwise
33 allowed by IC 36-7-4-1109, a project owner may not install or
34 locate a CSE system on property in a unit unless the distance,
35 measured as a straight line, from the nearest outer edge of the CSE
36 system's solar panels to:
37 (1) the nearest edge of the right-of-way for any:
38 (A) federal interstate highway, federal highway, state
39 highway, or county highway is at least forty (40) feet;
40 (B) collector road is at least thirty (30) feet; or
41 (C) local road is at least ten (10) feet; or
42 (2) the property line of any nonparticipating property is at
ES 411—LS 7174/DI 101 15
1 least fifty (50) feet.
2 (b) Subject to subsection (e), and except as otherwise allowed by
3 IC 36-7-4-1109, a project owner may not install or locate a CSE
4 system on property in a unit unless the distance, measured as a
5 straight line, from the nearest outer edge of the CSE system's solar
6 panels to the nearest point on the outer wall of a dwelling located
7 on a nonparticipating property is at least two hundred fifty (250)
8 feet.
9 (c) Subject to subsection (e), and except as otherwise allowed by
10 IC 36-7-4-1109, if a project owner installs a CSE system within a
11 distance of two hundred fifty (250) feet, measured as a straight
12 line, from the nearest outer edge of the CSE system's solar panels
13 to the nearest point on the outer wall of a dwelling located on a
14 nonparticipating property, the project owner shall install a
15 landscape buffer in the area between the nearest outer edge of the
16 CSE system's solar panels and the nonparticipating property
17 owner's property line that faces the CSE system's solar panels. The
18 landscape buffer must be:
19 (1) in a location that is not on the property of the
20 nonparticipating property owner; and
21 (2) constructed from such materials;
22 as set forth in a plan submitted to the unit during the permitting
23 and approval process for the CSE system.
24 (d) Except as otherwise allowed by IC 36-7-4-1109, a project
25 owner may not install or locate a CSE system on property in a unit
26 unless the height of the CSE system solar panels are not more than
27 twenty-five (25) feet above ground level when the CSE system's
28 arrays are at full tilt. However, a permit authority or a unit may
29 not impose a clearance requirement between the ground and the
30 bottom edge of a CSE system's solar panels.
31 (e) The:
32 (1) distance requirements set forth in subsection (a)(2) and
33 subsection (b); and
34 (2) requirement for the installation of a landscape buffer set
35 forth in subsection (c);
36 may be waived with respect to the siting of any one (1) CSE system,
37 subject to the written consent of the owner of each affected
38 nonparticipating property.
39 Sec. 11. Except as otherwise allowed by IC 36-7-4-1109, if a
40 project owner installs a CSE system in a unit, the project owner
41 shall plant, establish, and maintain for the life of the CSE system
42 perennial vegetated ground cover on the ground around and under
ES 411—LS 7174/DI 101 16
1 solar panels, and in project site buffer areas. The use of pollinator
2 seed mixes in the planting of ground cover required by this section
3 is encouraged. A unit or permit authority may require a project
4 owner to prepare for a project site a vegetation plan that:
5 (1) is compatible with each CSE system on the project site;
6 (2) provides for the planting of noninvasive species and the
7 use of native or naturalized species if the planting and use of
8 noninvasive and native or naturalized species are:
9 (A) appropriate to the region;
10 (B) economically feasible; and
11 (C) agreed to by the landowner;
12 in order to reduce storm water runoff and erosion at the site
13 and to provide habitat for wildlife and insects; and
14 (3) provides for site preparation and maintenance practices
15 designed to control invasive species and noxious weeds (as
16 defined in IC 15-16-7-2).
17 Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, if a
18 project owner installs a CSE system in a unit, the project owner
19 shall completely enclose the CSE system with fencing that is at
20 least six (6) feet high.
21 Sec. 13. Except as otherwise allowed by IC 36-7-4-1109, if a
22 project owner installs a CSE system in a unit, all cables of up to
23 thirty-four and one-half (34.5) kilovolts that are located between
24 inverter locations and project substations shall be located and
25 maintained underground, as feasible. Other solar infrastructure,
26 such as module-to-module collection cables, transmission lines,
27 substations, junction boxes, and other typical aboveground
28 infrastructure may be located and maintained above ground.
29 Buried cables shall be at a depth of at least thirty-six (36) inches
30 below grade or, if necessitated by onsite conditions, at a greater
31 depth. Cables and lines located outside of the CSE system project
32 site may:
33 (1) be located above ground; or
34 (2) in the case of cables or lines of up to thirty-four and
35 one-half (34.5) kilovolts, be buried underground at:
36 (A) a depth of at least forty-eight (48) inches below grade,
37 so as to not interfere with drainage tile or ditch repairs; or
38 (B) another depth, as necessitated by conditions;
39 as determined in consultation with the landowner.
40 Sec. 14. Except as otherwise allowed by IC 36-7-4-1109, a CSE
41 system installed by a project owner must be designed and
42 constructed to:
ES 411—LS 7174/DI 101 17
1 (1) minimize glare on adjacent properties and roadways; and
2 (2) not interfere with vehicular traffic, including air traffic.
3 Sec. 15. Except as otherwise allowed by IC 36-7-4-1109, a CSE
4 system installed in a unit must be installed in a manner so as to
5 minimize and mitigate impacts to:
6 (1) television signals;
7 (2) microwave signals;
8 (3) agricultural global positioning systems;
9 (4) military defense radar;
10 (5) radio reception; or
11 (6) weather and doppler radar.
12 Sec. 16. (a) Subject to subsection (b), and except as otherwise
13 allowed by IC 36-7-4-1109, a project owner may not install or
14 locate a CSE system in a unit unless the project owner
15 demonstrates to the permit authority that the CSE system will
16 operate in a manner such that the sound attributable to the CSE
17 system will not exceed an hourly average sound level of fifty (50)
18 A-weighted decibels, as modeled at the outer wall of a dwelling
19 located on an adjacent nonparticipating property.
20 (b) The requirement set forth in subsection (a) may be waived
21 with respect to any one (1) CSE system, subject to the written
22 consent of the owner of each adjacent nonparticipating property.
23 Sec. 17. This section applies with respect to a CSE system that
24 is constructed or installed in a unit after June 30, 2022. Except as
25 otherwise allowed by IC 36-7-4-1109, all damages to waterways,
26 drainage ditches, field tiles, or other drainage related
27 infrastructure caused by the construction, installation, or
28 maintenance of a CSE system must be completely repaired by the
29 project owner or remedied with the installation of new drainage
30 infrastructure so as to not impede the natural flow of water. All
31 repairs must be completed within a reasonable period of time and:
32 (1) to the satisfaction of the unit; and
33 (2) as stated in an applicable lease or another agreement with
34 the landowner;
35 subject to applicable federal, state, and local drainage laws and
36 regulations.
37 Sec. 18. (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 submits to
40 the permit authority a decommissioning and site restoration plan,
41 and posts a surety bond, or an equivalent means of security
42 acceptable to the permit authority, including a parent company
ES 411—LS 7174/DI 101 18
1 guarantee or an irrevocable letter of credit, but excluding cash, in
2 an amount equal to the estimated cost of decommissioning the CSE
3 system, as calculated by a third party licensed or registered
4 engineer or by another person with suitable experience in the
5 decommissioning of CSE systems, as agreed upon by the project
6 owner and the permit authority. The required bond or other
7 security shall be posted in increments such that the total amount of
8 the bond or security posted is as follows:
9 (1) An amount equal to twenty-five percent (25%) of the total
10 estimated decommissioning costs not later than the start date
11 of the CSE system's full commercial operation.
12 (2) An amount equal to fifty percent (50%) of the total
13 estimated decommissioning costs not later than the fifth
14 anniversary of the start date of the CSE system's full
15 commercial operation.
16 (3) An amount equal to one hundred percent (100%) of the
17 total estimated decommissioning costs not later than the tenth
18 anniversary of the start date of the CSE system's full
19 commercial operation. For purposes of this subdivision, the
20 total estimated decommissioning costs shall be reevaluated by
21 a third party licensed or registered engineer (or by another
22 person with suitable experience in the decommissioning of
23 CSE systems, as agreed upon by the project owner and the
24 permit authority):
25 (A) in connection with the tenth anniversary of the start
26 date of the CSE system's full commercial operation; and
27 (B) at least once every succeeding five (5) year period after
28 the tenth anniversary of the start date of the CSE system's
29 full commercial operation;
30 and the total amount of the bond or security posted under this
31 subdivision shall be adjusted as necessary after each
32 reevaluation.
33 (b) For purposes of this section, the estimated cost of
34 decommissioning a CSE system, as calculated by a licensed or
35 registered professional engineer (or by another person with
36 suitable experience in the decommissioning of CSE systems, as
37 agreed upon by the project owner and the permit authority), shall
38 be net of any estimated salvage value attributable to the CSE
39 system at the time of decommissioning, unless the unit and the
40 project owner agree to include any such value in the estimated cost.
41 (c) A project owner shall provide to the permit authority
42 written notice of the project owner's intent to decommission a CSE
ES 411—LS 7174/DI 101 19
1 system not later than sixty (60) days before the discontinuation of
2 commercial operation by the CSE system. Except as provided in
3 subsection (e), after the discontinuation of commercial operation
4 by the CSE system, and as part of the decommissioning process:
5 (1) all structures, foundations, roads, gravel areas, and cables
6 associated with the project shall be removed to a depth of at
7 least thirty-six (36) inches below grade; and
8 (2) the ground shall be restored to a condition reasonably
9 similar to its condition before the start of construction
10 activities in connection with the CSE system project.
11 (d) Except as provided in subsection (e), if the project owner
12 fails to remove all CSE system project assets not later than one (1)
13 year after the proposed date of final decommissioning, as set forth
14 in the notice to the permit authority under subsection (c), the
15 permit authority may engage qualified contractors to:
16 (1) enter the project site;
17 (2) remove the CSE system project assets;
18 (3) sell any assets removed; and
19 (4) remediate the site;
20 and may initiate proceedings to recover any costs incurred.
21 (e) Project assets may remain in place after decommissioning is
22 complete if:
23 (1) the location and condition of the assets conform with local
24 regulations at the time of decommissioning; and
25 (2) the written consent of the landowner is obtained.
26 Sec. 19. (a) If a CSE system installed in a unit does not generate
27 electricity for eighteen (18) consecutive months:
28 (1) the CSE system is considered abandoned as of the date
29 that is five hundred forty (540) days after the date on which
30 the CSE system last generated electricity; and
31 (2) all CSE system project assets shall be removed in
32 accordance with section 18(c) of this chapter not later than
33 one (1) year after the date of abandonment specified in
34 subdivision (1).
35 (b) In the case of abandonment, as described in subsection (a),
36 if the project owner fails to remove the CSE system project assets
37 not later than one (1) year after the date of abandonment, as
38 required by subsection (a)(2), the permit authority may engage
39 qualified contractors to:
40 (1) enter the project site;
41 (2) remove the CSE system project assets;
42 (3) sell any assets removed; and
ES 411—LS 7174/DI 101 20
1 (4) remediate the site;
2 and may initiate proceedings to recover any costs incurred.
3 Sec. 20. (a) As used in this section, "force majeure event"
4 includes the following:
5 (1) Fire, flood, tornado, or other natural disasters or acts of
6 God.
7 (2) War, civil strife, a terrorist attack, or other similar acts of
8 violence.
9 (3) Other unforeseen events or events over which a project
10 owner has no control.
11 (b) If a force majeure event results in a CSE system not
12 generating electricity, the project owner shall:
13 (1) as soon as practicable after the occurrence of the force
14 majeure event, provide notice to the permit authority of the
15 event and of the resulting cessation of generating operations;
16 and
17 (2) demonstrate to the permit authority that the CSE system
18 will be substantially operational and generating electricity not
19 later than twelve (12) months after the occurrence of the force
20 majeure event.
21 (c) If the CSE system does not become substantially operational
22 and resume generating electricity within the time set forth in
23 subsection (b)(2):
24 (1) the CSE system is considered abandoned as of the date
25 that is three hundred sixty-five (365) days after the date on
26 which the CSE system last generated electricity, unless the
27 project owner demonstrates to the permit authority that the
28 project owner is using all commercially reasonable efforts to
29 resume generation; and
30 (2) all CSE system project assets shall be removed in
31 accordance with section 18(c) of this chapter not later than
32 one (1) year after the date of abandonment specified in
33 subdivision (1).
34 (d) In the case of presumed abandonment, as described in
35 subsection (c), if the project owner fails to remove the CSE system
36 project assets not later than one (1) year after the date of
37 abandonment, as required by subsection (c)(2), the permit
38 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;
ES 411—LS 7174/DI 101 21
1 and may initiate proceedings to recover any costs incurred.
ES 411—LS 7174/DI 101 22
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:
ES 411—LS 7174/DI 101 23
"(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
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Utilities, Energy and
Telecommunications, to which was referred Senate Bill 411, has had
the same under consideration and begs leave to report the same back
to the House with the recommendation that said bill be amended as
follows:
Page 1, line 10, after "the" insert "permitting,".
Page 2, line 23, after "the" insert "permitting,".
Page 3, line 13, after "the" insert "permitting,".
Page 4, line 3, delete "If:" and insert "Except as provided in
subsection (c), if:".
Page 4, line 19, delete "(a)(4)," and insert "(a)(3),".
Page 4, line 23, delete "(a)(4)." and insert "(a)(3).".
Page 4, between lines 23 and 24, begin a new paragraph and insert:
"(c) The corporation may not authorize a unit to receive a
financial incentive under subsection (b) with respect to a
commercial solar project if the project owner has executed, before
July 1, 2022, a commercial power purchase agreement, or another
ES 411—LS 7174/DI 101 24
similar contract, for the sale and purchase of power generated by
the project.".
Page 4, line 30, after "the" insert "permitting,".
Page 5, line 19, delete "If:" and insert "Except as provided in
subsection (c), if:".
Page 5, line 34, delete "(a)(4)," and insert "(a)(3),".
Page 5, line 39, delete "(a)(4)." and insert "(a)(3).".
Page 5, between lines 39 and 40, begin a new paragraph and insert:
"(c) The corporation may not authorize a unit to receive a
financial incentive under subsection (b) with respect to a wind
power project if the project owner has executed, before July 1,
2022, a commercial power purchase agreement, or another similar
contract, for the sale and purchase of power generated by the
project.".
Page 6, line 10, after "to" insert "IC 36-7-4-1109 and".
Page 6, line 12, delete "submits an initial request" and insert "files
an initial application".
Page 6, line 16, after "to" insert "IC 36-7-4-1109 and".
Page 6, line 19, delete "that submits an initial request" and insert
"that, after June 30, 2022, files an initial application".
Page 6, line 22, delete "request is" and insert "application is filed.".
Page 6, delete line 23.
Page 6, line 29, delete "or".
Page 6, line 30, delete "feed-in-tariff".
Page 6, line 32, delete "A" and insert "Unless a".
Page 6, line 33, delete "does not apply to any of the following,
unless the standard".
Page 6, line 34, delete "involved:" and insert "involved, the
standard does not:".
Page 6, line 35, delete "Any" and insert "apply to any".
Page 6, line 36, after "the" insert "permitting,".
Page 6, line 41, after "pending" insert "approval or has been
approved".
Page 6, line 42, delete "IC 36-7-4-1109." and insert "IC
36-7-4-1109;".
Page 7, line 1, delete "The:" and insert "affect the:".
Page 7, between lines 1 and 2, begin a new line double block
indented and insert:
"(A) permitting;".
Page 7, line 2, delete "(A)" and insert "(B)".
Page 7, line 3, delete "(B)" and insert "(C)".
Page 7, line 4, delete "(C)" and insert "(D)".
ES 411—LS 7174/DI 101 25
Page 7, line 5, delete "(D)" and insert "(E)".
Page 7, line 6, delete "(E)" and insert "(F)".
Page 7, line 7, delete "(F)" and insert "(G)".
Page 7, line 9, after "such" insert "permitting,".
Page 7, line 10, delete "decommissioning." and insert
"decommissioning; or".
Page 7, line 11, delete "Any:" and insert "affect any:".
Page 7, line 14, after "the" insert "permitting,".
Page 8, line 12, after "the" insert "permitting,".
Page 9, line 21, after "the" insert "permitting,".
Page 9, line 31, after "the" insert "permitting,".
Page 10, line 6, delete "installation" and insert "permitting,
construction, installation,".
Page 11, line 20, delete "siting or construction" and insert
"permitting, construction, installation, or siting".
Page 15, line 11, delete "(b) and (c)," and insert "(c) and (d),".
Page 15, line 12, after "to" insert "IC 36-7-4-1109 and".
Page 15, line 14, delete "submits an initial request" and insert "files
an initial application".
Page 15, line 18, after "to" insert "IC 36-7-4-1109 and".
Page 15, line 21, delete "that submits an initial request" and insert
"that, after June 30, 2022, files an initial application".
Page 15, line 24, delete "request is" and insert "application is
filed.".
Page 15, delete line 25.
Page 15, line 32, delete "or feed-in-tariff".
Page 15, line 34, delete "A" and insert "Unless a".
Page 15, line 35, delete "does not apply to any of the following,
unless the standard".
Page 15, line 36, delete "involved:" and insert "involved, the
standard does not:".
Page 15, line 37, delete "Any" and insert "apply to any".
Page 15, line 38, after "the" insert "permitting,".
Page 16, line 1, after "pending" insert "approval or has been
approved".
Page 16, line 2, delete "IC 36-7-4-1109." and insert "IC
36-7-4-1109;".
Page 16, line 3, delete "The:" and insert "affect the:".
Page 16, between lines 3 and 4, begin a new line double block
indented and insert:
"(A) permitting;".
Page 16, line 4, delete "(A)" and insert "(B)".
ES 411—LS 7174/DI 101 26
Page 16, line 5, delete "(B)" and insert "(C)".
Page 16, line 6, delete "(C)" and insert "(D)".
Page 16, line 7, delete "(D)" and insert "(E)".
Page 16, line 8, delete "(E)" and insert "(F)".
Page 16, line 9, delete "(F)" and insert "(G)".
Page 16, line 11, after "such" insert "permitting,".
Page 16, line 12, delete "decommissioning." and insert
"decommissioning; or".
Page 16, line 13, delete "Any:" and insert "affect any:".
Page 16, line 16, after "the" insert "permitting,".
Page 16, line 28, after "includes" insert "solar panels,".
Page 16, line 35, after "the" insert "permitting,".
Page 17, line 31, after "the" insert "permitting,".
Page 18, line 39, after "the" insert "permitting,".
Page 19, line 14, delete "installation" and insert "permitting,
construction, installation,".
Page 19, line 20, delete "system" and insert "system's solar panels".
Page 19, line 31, delete "system" and insert "system's solar panels".
Page 19, line 37, delete "system" and insert "system's solar panels".
Page 19, line 40, delete "system and the" and insert "system's solar
panels and the nonparticipating property owner's property line
that faces the CSE system's solar panels. The landscape buffer
must be:".
Page 19, delete line 41.
Page 25, line 4, delete "b(2):" and insert "(b)(2):".
Page 25, line 7, delete "electricity;" and insert "electricity, unless
the project owner demonstrates to the permit authority that the
project owner is using all commercially reasonable efforts to
resume generation;".
and when so amended that said bill do pass.
(Reference is to SB 411 as reprinted January 28, 2022.)
SOLIDAY
Committee Vote: yeas 10, nays 0.
ES 411—LS 7174/DI 101 27
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred Senate Bill 411, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 1, delete lines 1 through 15.
Delete pages 2 through 5.
Page 6, delete lines 1 through 16.
Page 6, line 21, delete "(c) and (d)," and insert "(b) and (c),".
Page 6, line 22, delete "the".
Page 6, delete lines 23 through 28.
Page 6, line 29, delete "IC 36-7-4-1109 and section 9(b) of this
chapter,".
Page 6, run in lines 22 through 29.
Page 6, line 36, delete "(c)" and insert "(b)".
Page 7, line 2, delete "(d)" and insert "(c)".
Page 9, line 40, delete "or 1(b)".
Page 9, line 42, delete "or 1(b)".
Page 15, line 27, delete "(c) and (d)," and insert "(b) and (c),".
Page 15, line 28, delete "the".
Page 15, delete lines 29 through 34.
Page 15, line 35, delete "IC 36-7-4-1109 and section 9(b) of this
chapter,".
Page 15, run in lines 28 through 35.
Page 15, line 42, delete "(c)" and insert "(b)".
Page 16, line 8, delete "(d)" and insert "(c)".
Page 19, line 10, delete "or 1(b)".
Page 19, line 12, delete "or 1(b)".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to ESB 411 as printed February 15, 2022.)
BROWN T
Committee Vote: yeas 23, nays 0.
ES 411—LS 7174/DI 101