IN
Indiana Senate Bill SB0411

Indiana 2022 Regular Session

Indiana Senate Bill SB0411 Compare Versions

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1+*ES0411.3*
2+Reprinted
3+February 25, 2022
4+ENGROSSED
5+SENATE BILL No. 411
6+_____
7+DIGEST OF SB 411 (Updated February 24, 2022 1:42 pm - DI 101)
8+Citations Affected: IC 8-1.
9+Synopsis: Commercial solar and wind energy. Establishes default
10+standards concerning the following with respect to wind power projects
11+in local units that voluntarily adopt the standards: (1) Setback
12+requirements. (2) Height restrictions. (3) Shadow flicker limitations.
13+(4) Signal interference. (5) Sound level limitations. (6) Wind turbine
14+light mitigation technology. (7) Required repairs to drainage related
15+infrastructure. (8) Project decommissioning. Defines a unit that
16+(Continued next page)
17+Effective: July 1, 2022.
18+Messmer, Koch, Randolph Lonnie M
19+(HOUSE SPONSORS — SOLIDAY, MOED, NEGELE)
20+January 12, 2022, read first time and referred to Committee on Utilities.
21+January 24, 2022, reported favorably — Do Pass.
22+January 27, 2022, read second time, amended, ordered engrossed.
23+January 28, 2022, engrossed.
24+February 1, 2022, read third time, passed. Yeas 41, nays 7.
25+HOUSE ACTION
26+February 8, 2022, read first time and referred to Committee on Utilities, Energy and
27+Telecommunications.
28+February 15, 2022, amended, reported — Do Pass. Referred to Committee on Ways and
29+Means pursuant to Rule 127.
30+February 22, 2022, amended, reported — Do Pass.
31+February 24, 2022, read second time, amended, ordered engrossed.
32+ES 411—LS 7174/DI 101 Digest Continued
33+voluntarily adopts all of the default standards, or standards less
34+restrictive than the default standards, as a "wind energy ready
35+community". Establishes default standards concerning the following
36+with respect to commercial solar projects in units that voluntarily adopt
37+the standards: (1) Setback requirements. (2) Height restrictions. (3)
38+Ground cover. (4) Fencing. (5) Cables. (6) Glare. (7) Signal
39+interference. (8) Sound level limitations. (9) Required repairs to
40+drainage related infrastructure. (10) Project decommissioning. Defines
41+a unit that voluntarily adopts all of the default standards, or standards
42+less restrictive than the default standards, as a "solar energy ready
43+community".
44+ES 411—LS 7174/DI 101ES 411—LS 7174/DI 101 Reprinted
45+February 25, 2022
146 Second Regular Session of the 122nd General Assembly (2022)
247 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
348 Constitution) is being amended, the text of the existing provision will appear in this style type,
449 additions will appear in this style type, and deletions will appear in this style type.
550 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
651 provision adopted), the text of the new provision will appear in this style type. Also, the
752 word NEW will appear in that style type in the introductory clause of each SECTION that adds
853 a new provision to the Indiana Code or the Indiana Constitution.
954 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1055 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 411
12-AN ACT to amend the Indiana Code concerning utilities.
56+ENGROSSED
57+SENATE BILL No. 411
58+A BILL FOR AN ACT to amend the Indiana Code concerning
59+utilities.
1360 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 8-1-41 IS ADDED TO THE INDIANA CODE AS
15-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
16-1, 2022]:
17-Chapter 41. Default Standards for Wind Power Devices
18-Sec. 1. (a) Except as provided in subsections (b) and (c), and
19-subject to IC 36-7-4-1109 and section 9 of this chapter, the
20-standards set forth in sections 10 through 16 of this chapter, or
21-standards less restrictive than the standards set forth in sections 10
22-through 16 of this chapter, apply to a project owner that, after
23-June 30, 2022, files an initial application for a project to install or
24-locate one (1) or more wind power devices in a unit that qualifies
25-as a wind energy ready community under subsection (d).
26-(b) 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 program
32-offered by an electricity supplier (as defined in IC 8-1-40-4), or
33-otherwise.
34-(c) Unless a standard set forth in sections 10 through 16 of this
35-chapter is already agreed to before July 1, 2022, by the parties
36-involved, the standard does not:
37-SEA 411 — Concur 2
38-(1) apply to any proposal, request, or application that:
39-(A) concerns the permitting, construction, installation,
40-siting, modification, operation, or decommissioning of one
41-(1) or more wind power devices in a unit;
42-(B) is submitted by a project owner to a unit before July 1,
43-2022; and
44-(C) is pending approval or has been approved as of July 1,
45-2022;
46-as set forth in IC 36-7-4-1109;
47-(2) affect the:
48-(A) permitting;
49-(B) construction;
50-(C) installation;
51-(D) siting;
52-(E) modification;
53-(F) operation; or
54-(G) decommissioning;
55-of one (1) or more wind power devices in a unit that before
56-July 1, 2022, has approved such permitting, construction,
57-installation, siting, modification, operation, or
58-decommissioning; or
59-(3) affect any:
60-(A) economic development agreement; or
61-(B) other agreement;
62-entered into before July 1, 2022, with respect to the
63-permitting, construction, installation, siting, modification,
64-operation, or decommissioning of one (1) or more wind power
65-devices in one (1) or more units.
66-(d) As used in this section, "wind energy ready community"
61+1 SECTION 1. IC 8-1-41 IS ADDED TO THE INDIANA CODE AS
62+2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
63+3 1, 2022]:
64+4 Chapter 41. Default Standards for Wind Power Devices
65+5 Sec. 1. (a) Except as provided in subsections (b) and (c), and
66+6 subject to IC 36-7-4-1109 and section 9 of this chapter, the
67+7 standards set forth in sections 10 through 16 of this chapter, or
68+8 standards less restrictive than the standards set forth in sections 10
69+9 through 16 of this chapter, apply to a project owner that, after
70+10 June 30, 2022, files an initial application for a project to install or
71+11 locate one (1) or more wind power devices in a unit that qualifies
72+12 as a wind energy ready community under subsection (d).
73+13 (b) Subject to a unit's planning and zoning powers under
74+14 IC 36-7, this chapter does not apply to a property owner that seeks
75+15 to install a wind power device on the property owner's premises for
76+ES 411—LS 7174/DI 101 2
77+1 the purpose of generating electricity to meet or offset all or part of
78+2 the need for electricity on the premises, whether through
79+3 distributed generation, participation in a net metering program
80+4 offered by an electricity supplier (as defined in IC 8-1-40-4), or
81+5 otherwise.
82+6 (c) Unless a standard set forth in sections 10 through 16 of this
83+7 chapter is already agreed to before July 1, 2022, by the parties
84+8 involved, the standard does not:
85+9 (1) apply to any proposal, request, or application that:
86+10 (A) concerns the permitting, construction, installation,
87+11 siting, modification, operation, or decommissioning of one
88+12 (1) or more wind power devices in a unit;
89+13 (B) is submitted by a project owner to a unit before July 1,
90+14 2022; and
91+15 (C) is pending approval or has been approved as of July 1,
92+16 2022;
93+17 as set forth in IC 36-7-4-1109;
94+18 (2) affect the:
95+19 (A) permitting;
96+20 (B) construction;
97+21 (C) installation;
98+22 (D) siting;
99+23 (E) modification;
100+24 (F) operation; or
101+25 (G) decommissioning;
102+26 of one (1) or more wind power devices in a unit that before
103+27 July 1, 2022, has approved such permitting, construction,
104+28 installation, siting, modification, operation, or
105+29 decommissioning; or
106+30 (3) affect any:
107+31 (A) economic development agreement; or
108+32 (B) other agreement;
109+33 entered into before July 1, 2022, with respect to the
110+34 permitting, construction, installation, siting, modification,
111+35 operation, or decommissioning of one (1) or more wind power
112+36 devices in one (1) or more units.
113+37 (d) As used in this section, "wind energy ready community"
114+38 means a unit that has voluntarily adopted:
115+39 (1) the standards set forth in sections 10 through 16 of this
116+40 chapter; or
117+41 (2) standards less restrictive than the standards set forth in
118+42 sections 10 through 16 of this chapter.
119+ES 411—LS 7174/DI 101 3
120+1 Sec. 2. As used in this chapter, "dwelling" means any building,
121+2 structure, or part of a building or structure that is occupied as, or
122+3 is designed or intended for occupancy as, a residence by one (1) or
123+4 more families or individuals.
124+5 Sec. 3. (a) As used in this chapter, "nonparticipating property"
125+6 means a lot or parcel of real property:
126+7 (1) that is not owned by a project owner; and
127+8 (2) with respect to which:
128+9 (A) the project owner does not seek:
129+10 (i) to install or locate one (1) or more wind power devices
130+11 or other facilities related to a wind power project
131+12 (including power lines, temporary or permanent access
132+13 roads, or other temporary or permanent infrastructure);
133+14 or
134+15 (ii) to otherwise enter into a lease or any other
135+16 agreement with the owner of the property for use of all
136+17 or part of the property in connection with a wind power
137+18 project; or
138+19 (B) the owner of the property does not consent:
139+20 (i) to having one (1) or more wind power devices or other
140+21 facilities related to a wind power project (including
141+22 power lines, temporary or permanent access roads, or
142+23 other temporary or permanent infrastructure) installed
143+24 or located; or
144+25 (ii) to otherwise enter into a lease or any other
145+26 agreement with the project owner for use of all or part
146+27 of the property in connection with a wind power project.
147+28 (b) The term does not include a lot or parcel of real property
148+29 otherwise described in subsection (a) if the owner of the lot or
149+30 parcel consents to participate in a wind power project through a
150+31 neighbor agreement, a participation agreement, or another similar
151+32 arrangement or agreement with a project owner.
152+33 Sec. 4. (a) As used in this chapter, "permit authority" means:
153+34 (1) a unit; or
154+35 (2) a board, a commission, or any other governing body of a
155+36 unit;
156+37 that makes legislative or administrative decisions concerning the
157+38 permitting, construction, installation, siting, modification,
158+39 operation, or decommissioning of wind power devices in the unit.
159+40 (b) The term does not include:
160+41 (1) the state or any of its agencies, departments, boards,
161+42 commissions, authorities, or instrumentalities; or
162+ES 411—LS 7174/DI 101 4
163+1 (2) a court or other judicial body that reviews decisions or
164+2 rulings made by a permit authority.
165+3 Sec. 5. (a) As used in this chapter, "project owner" means a
166+4 person that:
167+5 (1) will own one (1) or more wind power devices proposed to
168+6 be located in a unit; or
169+7 (2) owns one (1) or more wind power devices located in a unit.
170+8 (b) The term includes an agent or a representative of a person
171+9 described in subsection (a).
172+10 (c) The term does not include an electricity supplier (as defined
173+11 in IC 8-1-2.3-2).
174+12 Sec. 6. (a) As used in this chapter, "unit" refers to:
175+13 (1) a county, if a project owner, as part of a single wind power
176+14 project or development, seeks to locate one (1) or more wind
177+15 power devices:
178+16 (A) entirely within unincorporated areas of the county;
179+17 (B) within both unincorporated areas of the county and
180+18 one (1) or more municipalities within the county; or
181+19 (C) entirely within two (2) or more municipalities within
182+20 the county; or
183+21 (2) a municipality, if:
184+22 (A) a project owner, as part of a single wind power project
185+23 or development, seeks to locate one (1) or more wind
186+24 power devices entirely within the boundaries of the
187+25 municipality; and
188+26 (B) subdivision (1)(B) or (1)(C) does not apply.
189+27 (b) The term refers to:
190+28 (1) each county described in subsection (a)(1) in which a
191+29 project owner seeks to locate one (1) or more wind power
192+30 devices, if the project owner seeks to locate wind power
193+31 devices in more than one (1) county as part of a single wind
194+32 power project or development; and
195+33 (2) each municipality described in subsection (a)(2) in which
196+34 a project owner seeks to locate one (1) or more wind power
197+35 devices, if the project owner seeks to locate wind power
198+36 devices in two (2) or more municipalities, each of which is
199+37 located in a different county.
200+38 Sec. 7. As used in this chapter, "wind power device" means a
201+39 device, including a windmill or a wind turbine, that is designed to
202+40 use the kinetic energy of moving air to provide mechanical energy
203+41 or to produce electricity.
204+42 Sec. 8. As used in this chapter, "wind power regulation" refers
205+ES 411—LS 7174/DI 101 5
206+1 to any ordinance or regulation, including any:
207+2 (1) zoning or land use ordinance or regulation; or
208+3 (2) general or specific planning ordinance or regulation;
209+4 that is adopted by a unit and that concerns the permitting,
210+5 construction, installation, siting, modification, operation, or
211+6 decommissioning of wind power devices in the unit.
212+7 Sec. 9. (a) A permit authority for a unit described in section 1(a)
213+8 of this chapter is responsible for enforcing compliance with any
214+9 standards set forth in sections 10 through 16 of this chapter that
215+10 apply in the unit under section 1(a) of this chapter.
216+11 (b) A unit may:
217+12 (1) adopt and enforce a wind power regulation that includes
218+13 standards that:
219+14 (A) concern the permitting, construction, installation,
220+15 siting, modification, operation, or decommissioning of
221+16 wind power devices in the unit; and
222+17 (B) are less restrictive than the standards set forth in this
223+18 chapter;
224+19 (2) waive or make less restrictive any standard set forth in
225+20 this chapter with respect to any particular:
226+21 (A) wind power device; or
227+22 (B) project to install one (1) or more wind power devices in
228+23 the unit; or
229+24 (3) waive or make less restrictive any standard that is not set
230+25 forth in this chapter but that is included in a wind power
231+26 regulation adopted by the unit with respect to any particular:
232+27 (A) wind power device; or
233+28 (B) project to install one (1) or more wind power devices in
234+29 the unit.
235+30 (c) This chapter does not affect a unit's planning and zoning
236+31 powers under IC 36-7 with respect to the permitting, construction,
237+32 installation, or siting of one (1) or more wind power devices in the
238+33 unit.
239+34 Sec. 10. (a) Subject to subsection (h), and except as otherwise
240+35 allowed by IC 36-7-4-1109, a project owner may not install or
241+36 locate a wind power device on property in a unit unless the
242+37 distance, measured as a straight line, from the vertical centerline
243+38 of the base of the wind power device to:
244+39 (1) the centerline of any:
245+40 (A) runway located on a public use airport, private use
246+41 airport, or municipal airport;
247+42 (B) public use highway, street, or road; or
248+ES 411—LS 7174/DI 101 6
249+1 (C) railroad easement or right-of-way; or
250+2 (2) the property line of any nonparticipating property;
251+3 is equal to a distance that is at least one and one-tenth (1.1) times
252+4 the wind power device's blade tip height, as measured from the
253+5 ground to the tip of the blade.
254+6 (b) Subject to subsection (h), and except as otherwise allowed by
255+7 IC 36-7-4-1109, a project owner may not install or locate a wind
256+8 power device on property in a unit unless the distance, measured
257+9 as a straight line, from the vertical centerline of the base of the
258+10 wind power device to the nearest point on the outer wall of a
259+11 dwelling located on a nonparticipating property is equal to a
260+12 distance that is at least three (3) times the wind power device's
261+13 blade tip height, as measured from the ground to the tip of the
262+14 blade.
263+15 (c) Except as otherwise allowed by IC 36-7-4-1109, a project
264+16 owner may not install or locate a wind power device on property
265+17 in a unit unless the distance, measured as a straight line, from the
266+18 vertical centerline of the base of the wind power device to the
267+19 nearest edge of the right-of-way for any utility transmission or
268+20 distribution line is equal to a distance that is at least one and
269+21 two-tenths (1.2) times the wind power device's blade tip height, as
270+22 measured from the ground to the tip of the blade.
271+23 (d) Except as otherwise allowed by IC 36-7-4-1109, a project
272+24 owner may not install or locate a wind power device on property
273+25 in a unit unless the distance, measured as a straight line, from the
274+26 vertical centerline of the base of the wind power device to the
275+27 property line of any undeveloped land within the unit that is zoned
276+28 or platted for residential use is equal to a distance that is at least
277+29 two (2) times the wind power device's blade tip height, as measured
278+30 from the ground to the tip of the blade.
279+31 (e) Except as otherwise allowed by IC 36-7-4-1109, a project
280+32 owner may not install or locate a wind power device on property
281+33 in a unit unless the distance, measured as a straight line, from the
282+34 vertical centerline of the base of the wind power device to the
283+35 property line of a state park is equal to a distance of at least one (1)
284+36 mile.
285+37 (f) A project owner may not install or locate a wind power
286+38 device within a county unless the distance, measured as a straight
287+39 line, from the vertical centerline of the base of the wind power
288+40 device to the corporate boundaries of any municipality within the
289+41 county is equal to a distance of at least one (1) mile. However, a
290+42 municipality may waive or reduce the minimum distance
291+ES 411—LS 7174/DI 101 7
292+1 prescribed by this subsection with respect to the installation of one
293+2 (1) or more wind power devices.
294+3 (g) Except as otherwise allowed by IC 36-7-4-1109, a permit
295+4 authority, with respect to the permitting, construction, installation,
296+5 or siting of any wind power device within the unit, may not set a
297+6 blade tip height limitation, through a wind power regulation or
298+7 otherwise, that is more restrictive than the standards of the
299+8 Federal Aviation Administration under 14 CFR Part 77 concerning
300+9 the safe, efficient use and preservation of the navigable airspace.
301+10 (h) The distance requirements set forth in subsections (a)(2) and
302+11 (b) may be waived with respect to the siting of any one (1) wind
303+12 power device, subject to the written consent of the owner of each
304+13 affected nonparticipating property.
305+14 Sec. 11. (a) Subject to subsection (c), and except as otherwise
306+15 allowed by IC 36-7-4-1109, a project owner may not install or
307+16 locate one (1) or more wind power devices in a unit unless the
308+17 project owner demonstrates to the permit authority that with
309+18 respect to each wind power device that the project owner seeks to
310+19 install or locate in the unit:
311+20 (1) the project owner has used shadow flicker computer
312+21 modeling to estimate the amount of shadow flicker anticipated
313+22 to be caused by the wind power device; and
314+23 (2) the wind power device has been designed such that
315+24 industry standard computer modeling indicates that any
316+25 dwelling on a nonparticipating property within the unit will
317+26 not experience more than thirty (30) hours per year of shadow
318+27 flicker under planned operating conditions for the wind
319+28 power device.
320+29 (b) After a project owner installs or locates a wind power device
321+30 in a unit, the project owner shall work with the owner of any
322+31 affected dwelling on a nonparticipating property to mitigate the
323+32 effects of shadow flicker to the extent reasonably practicable.
324+33 (c) The requirement set forth in subsection (a)(2) may be waived
325+34 with respect to any one (1) wind power device, subject to the
326+35 written consent of the owner of each affected nonparticipating
327+36 property.
328+37 Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, a wind
329+38 power device installed in a unit must be installed in a manner so as
330+39 to minimize and mitigate impacts to:
331+40 (1) television signals;
332+41 (2) microwave signals;
333+42 (3) agricultural global positioning systems;
334+ES 411—LS 7174/DI 101 8
335+1 (4) military defense radar;
336+2 (5) radio reception; or
337+3 (6) weather and doppler radar.
338+4 Sec. 13. (a) Subject to subsection (b), and except as otherwise
339+5 allowed by IC 36-7-4-1109, a project owner may not install or
340+6 locate a wind power device in a unit unless the project owner
341+7 demonstrates to the permit authority that the wind power device
342+8 will operate in a manner such that the sound attributable to the
343+9 wind power device will not exceed an hourly average sound level
344+10 of fifty (50) A-weighted decibels, as modeled at the outer wall of an
345+11 affected dwelling.
346+12 (b) The requirement set forth in subsection (a) may be waived
347+13 with respect to any one (1) wind power device, subject to the
348+14 written consent of the owner of each affected property.
349+15 Sec. 14. (a) As used in this section, "wind turbine light
350+16 mitigation technology" means any technology used in connection
351+17 with a wind power device to shield, limit, or otherwise mitigate the
352+18 amount, intensity, character, or visibility of light emitted from the
353+19 wind power device.
354+20 (b) Except as otherwise allowed by IC 36-7-4-1109, after
355+21 January 1, 2023, and to the extent permissible under federal law or
356+22 regulations, a wind power device on property in a unit must be
357+23 equipped with a wind turbine light mitigation technology, unless:
358+24 (1) the Federal Aviation Administration denies the project
359+25 owner's application to use a wind turbine light mitigation
360+26 technology;
361+27 (2) the wind turbine light mitigation technology application is
362+28 pending review by the appropriate federal agencies; or
363+29 (3) the project owner determines that the use of a wind
364+30 turbine light mitigation technology is not economically
365+31 feasible.
366+32 Sec. 15. This section applies with respect to a wind power device
367+33 that is constructed or installed in a unit after June 30, 2022. Except
368+34 as otherwise allowed by IC 36-7-4-1109, all damages to waterways,
369+35 drainage ditches, field tiles, or other drainage related
370+36 infrastructure caused by the construction, installation, or
371+37 maintenance of a wind power device must be completely repaired
372+38 by the project owner or remedied with the installation of new
373+39 drainage infrastructure so as to not impede the natural flow of
374+40 water. All repairs must be completed within a reasonable period of
375+41 time and:
376+42 (1) to the satisfaction of the unit; and
377+ES 411—LS 7174/DI 101 9
378+1 (2) as stated in an applicable lease or another agreement with
379+2 the landowner;
380+3 subject to applicable federal, state, and local drainage laws and
381+4 regulations.
382+5 Sec. 16. (a) Subject to subsection (b), and except as otherwise
383+6 allowed by IC 36-7-4-1109, a project owner may not install or
384+7 locate a wind power device in a unit unless the project owner
385+8 submits to the permit authority a decommissioning and site
386+9 restoration plan, and posts a surety bond, or an equivalent means
387+10 of security acceptable to the permit authority, including a parent
388+11 company guarantee or an irrevocable letter of credit, but excluding
389+12 cash, in an amount equal to the estimated cost of decommissioning
390+13 the wind power device, as calculated by a third party licensed or
391+14 registered engineer, or by another person with suitable experience
392+15 in the decommissioning of wind power devices, as agreed upon by
393+16 the project owner and the permit authority. The required bond or
394+17 other security shall be posted in increments such that the total
395+18 amount of the bond or security posted is as follows:
396+19 (1) An amount equal to twenty-five percent (25%) of the total
397+20 estimated decommissioning costs not later than the start date
398+21 of the wind power device's full commercial operation. For
399+22 purposes of this subdivision, the total estimated
400+23 decommissioning costs shall be reevaluated by a third party
401+24 licensed or registered engineer (or by another person with
402+25 suitable experience in the decommissioning of wind power
403+26 devices, as agreed upon by the project owner and the permit
404+27 authority) in connection with the:
405+28 (A) fifth anniversary; and
406+29 (B) tenth anniversary;
407+30 of the start date of the wind power device's full commercial
408+31 operation, and the total amount of the bond or security posted
409+32 under this subdivision shall be adjusted as necessary after
410+33 each reevaluation.
411+34 (2) An amount equal to fifty percent (50%) of the total
412+35 estimated decommissioning costs not later than the fifteenth
413+36 anniversary of the start date of the wind power device's full
414+37 commercial operation. For purposes of this subdivision, the
415+38 total estimated decommissioning costs shall be reevaluated by
416+39 a third party licensed or registered engineer (or by another
417+40 person with suitable experience in the decommissioning of
418+41 wind power devices, as agreed upon by the project owner and
419+42 the permit authority) in connection with the fifteenth
420+ES 411—LS 7174/DI 101 10
421+1 anniversary of the start date of the wind power device's full
422+2 commercial operation, and the total amount of the bond or
423+3 security posted under this subdivision shall be adjusted as
424+4 necessary after the reevaluation.
425+5 (3) An amount equal to one hundred percent (100%) of the
426+6 total estimated decommissioning costs not later than the
427+7 twentieth anniversary of the start date of the wind power
428+8 device's full commercial operation. For purposes of this
429+9 subdivision, the total estimated decommissioning costs shall
430+10 be reevaluated by a third party licensed or registered
431+11 engineer (or by another person with suitable experience in the
432+12 decommissioning of wind power devices, as agreed upon by
433+13 the project owner and the permit authority):
434+14 (A) in connection with the twentieth anniversary of the
435+15 start date of the wind power device's full commercial
436+16 operation; and
437+17 (B) at least once every succeeding five (5) year period after
438+18 the twentieth anniversary of the start date of the wind
439+19 power device's full commercial operation;
440+20 and the total amount of the bond or security posted under this
441+21 subdivision shall be adjusted as necessary after each
442+22 reevaluation.
443+23 (b) For purposes of this section, the estimated cost of
444+24 decommissioning a wind power device, as calculated by a licensed
445+25 or registered professional engineer (or by another person with
446+26 suitable experience in the decommissioning of wind power devices,
447+27 as agreed upon by the project owner and the permit authority),
448+28 shall be net of any estimated salvage value attributable to the wind
449+29 power device at the time of decommissioning, unless the unit and
450+30 the project owner agree to include any such value in the estimated
451+31 cost.
452+32 SECTION 2. IC 8-1-42 IS ADDED TO THE INDIANA CODE AS
453+33 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
454+34 1, 2022]:
455+35 Chapter 42. Default Standards for Commercial Solar Energy
456+36 Systems
457+37 Sec. 1. (a) Except as provided in subsections (b) and (c), and
458+38 subject to IC 36-7-4-1109 and section 9 of this chapter, the
459+39 standards set forth in sections 10 through 20 of this chapter, or
460+40 standards less restrictive than the standards set forth in sections 10
461+41 through 20 of this chapter, apply to a project owner that, after
462+42 June 30, 2022, files an initial application for a project to install or
463+ES 411—LS 7174/DI 101 11
464+1 locate one (1) or more CSE systems in a unit that qualifies as a
465+2 solar energy ready community under subsection (d).
466+3 (b) Subject to a unit's planning and zoning powers under
467+4 IC 36-7, this chapter does not apply to a property owner who seeks
468+5 to install a solar energy device (as defined in IC 32-23-4-3) on the
469+6 property owner's premises for the purpose of generating electricity
470+7 to meet or offset all or part of the need for electricity on the
471+8 premises, whether through distributed generation, participation in
472+9 a net metering program offered by an electricity supplier (as
473+10 defined in IC 8-1-40-4), or otherwise.
474+11 (c) Unless a standard set forth in sections 10 through 20 of this
475+12 chapter is already agreed to before July 1, 2022, by the parties
476+13 involved, the standard does not:
477+14 (1) apply to any proposal, request, or application that:
478+15 (A) concerns the permitting, construction, installation,
479+16 siting, modification, operation, or decommissioning of one
480+17 (1) or more CSE systems in a unit;
481+18 (B) is submitted by a project owner to a unit before July 1,
482+19 2022; and
483+20 (C) is pending approval or has been approved as of July 1,
484+21 2022;
485+22 as set forth in IC 36-7-4-1109;
486+23 (2) affect the:
487+24 (A) permitting;
488+25 (B) construction;
489+26 (C) installation;
490+27 (D) siting;
491+28 (E) modification;
492+29 (F) operation; or
493+30 (G) decommissioning;
494+31 of one (1) or more CSE systems in a unit that before July 1,
495+32 2022, has approved such permitting, construction,
496+33 installation, siting, modification, operation, or
497+34 decommissioning; or
498+35 (3) affect any:
499+36 (A) economic development agreement; or
500+37 (B) other agreement;
501+38 entered into before July 1, 2022, with respect to the
502+39 permitting, construction, installation, siting, modification,
503+40 operation, or decommissioning of one (1) or more CSE
504+41 systems in one (1) or more units.
505+42 (d) As used in this section, "solar energy ready community"
506+ES 411—LS 7174/DI 101 12
507+1 means a unit that has voluntarily adopted:
508+2 (1) the standards set forth in sections 10 through 20 of this
509+3 chapter; or
510+4 (2) standards less restrictive than the standards set forth in
511+5 sections 10 through 20 of this chapter.
512+6 Sec. 2. (a) As used in this chapter, "commercial solar energy
513+7 system", or "CSE system", means a system that:
514+8 (1) has a nameplate capacity of at least ten (10) megawatts;
515+9 and
516+10 (2) captures and converts solar energy into electricity:
517+11 (A) for the purpose of selling the electricity at wholesale;
518+12 and
519+13 (B) for use in locations other than where it is generated.
520+14 (b) The term includes solar panels, collection and feeder lines,
521+15 generation tie lines, substations, ancillary buildings, solar
522+16 monitoring stations, and accessory equipment or structures.
523+17 Sec. 3. As used in this chapter, "commercial solar regulation"
524+18 refers to any ordinance or regulation, including any:
525+19 (1) zoning or land use ordinance or regulation; or
526+20 (2) general or specific planning ordinance or regulation;
527+21 that is adopted by a unit and that concerns the permitting,
528+22 construction, installation, siting, modification, operation, or
529+23 decommissioning of CSE systems in the unit.
530+24 Sec. 4. As used in this chapter, "dwelling" means any building,
531+25 structure, or part of a building or structure that is occupied as, or
532+26 is designed or intended for occupancy as, a residence by one (1) or
533+27 more families or individuals.
534+28 Sec. 5. (a) As used in this chapter, "nonparticipating property"
535+29 means a lot or parcel of real property:
536+30 (1) that is not owned by a project owner; and
537+31 (2) with respect to which:
538+32 (A) the project owner does not seek:
539+33 (i) to install or locate one (1) or more CSE systems or
540+34 other facilities related to a CSE system project (including
541+35 power lines, temporary or permanent access roads, or
542+36 other temporary or permanent infrastructure); or
543+37 (ii) to otherwise enter into a lease or any other
544+38 agreement with the owner of the property for use of all
545+39 or part of the property in connection with a CSE system
546+40 project; or
547+41 (B) the owner of the property does not consent:
548+42 (i) to having one (1) or more CSE systems or other
549+ES 411—LS 7174/DI 101 13
550+1 facilities related to a CSE system project (including
551+2 power lines, temporary or permanent access roads, or
552+3 other temporary or permanent infrastructure) installed
553+4 or located; or
554+5 (ii) to otherwise enter into a lease or any other
555+6 agreement with the project owner for use of all or part
556+7 of the property in connection with a CSE system project.
557+8 (b) The term does not include a lot or parcel of real property
558+9 otherwise described in subsection (a) if the owner of the lot or
559+10 parcel consents to participate in a CSE system project through a
560+11 neighbor agreement, a participation agreement, or another similar
561+12 arrangement or agreement with a project owner.
562+13 Sec. 6. (a) As used in this chapter, "permit authority" means:
563+14 (1) a unit; or
564+15 (2) a board, a commission, or any other governing body of a
565+16 unit;
566+17 that makes legislative or administrative decisions concerning the
567+18 permitting, construction, installation, siting, modification,
568+19 operation, or decommissioning of CSE systems in the unit.
569+20 (b) The term does not include:
570+21 (1) the state or any of its agencies, departments, boards,
571+22 commissions, authorities, or instrumentalities; or
572+23 (2) a court or other judicial body that reviews decisions or
573+24 rulings made by a permit authority.
574+25 Sec. 7. (a) As used in this chapter, "project owner" means a
575+26 person that:
576+27 (1) will own one (1) or more CSE systems proposed to be
577+28 located in a unit; or
578+29 (2) owns one (1) or more CSE systems located in a unit.
579+30 (b) The term includes an agent or a representative of a person
580+31 described in subsection (a).
581+32 (c) The term does not include an electricity supplier (as defined
582+33 in IC 8-1-2.3-2).
583+34 Sec. 8. (a) As used in this chapter, "unit" refers to:
584+35 (1) a county, if a project owner, as part of a single CSE system
585+36 project or development, seeks to locate one (1) or more CSE
586+37 systems:
587+38 (A) entirely within unincorporated areas of the county;
588+39 (B) within both unincorporated areas of the county and
589+40 one (1) or more municipalities within the county; or
590+41 (C) entirely within two (2) or more municipalities within
591+42 the county; or
592+ES 411—LS 7174/DI 101 14
593+1 (2) a municipality, if:
594+2 (A) a project owner, as part of a single CSE system project
595+3 or development, seeks to locate one (1) or more CSE
596+4 systems entirely within the boundaries of the municipality;
597+5 and
598+6 (B) subdivision (1)(B) or (1)(C) does not apply.
599+7 (b) The term refers to:
600+8 (1) each county described in subsection (a)(1) in which a
601+9 project owner seeks to locate one (1) or more CSE systems, if
602+10 the project owner seeks to locate CSE systems in more than
603+11 one (1) county as part of a single CSE system project or
604+12 development; and
605+13 (2) each municipality described in subsection (a)(2) in which
606+14 a project owner seeks to locate one (1) or more CSE systems,
607+15 if the project owner seeks to locate CSE systems in two (2) or
608+16 more municipalities, each of which is located in a different
609+17 county.
610+18 Sec. 9. (a) A permit authority for a unit described in section 1(a)
611+19 of this chapter is responsible for enforcing compliance with any
612+20 standards set forth in sections 10 through 20 of this chapter that
613+21 apply in the unit under section 1(a) of this chapter.
614+22 (b) A unit may:
615+23 (1) adopt and enforce a commercial solar regulation that
616+24 includes standards that:
617+25 (A) concern the permitting, construction, installation,
618+26 siting, modification, operation, or decommissioning of CSE
619+27 systems in the unit; and
620+28 (B) are less restrictive than the standards set forth in this
621+29 chapter;
622+30 (2) waive or make less restrictive any standard set forth in
623+31 this chapter with respect to any particular:
624+32 (A) CSE system; or
625+33 (B) project to install one (1) or more CSE systems in the
626+34 unit; or
627+35 (3) waive or make less restrictive any standard that is not set
628+36 forth in this chapter but that is included in a commercial solar
629+37 regulation adopted by the unit with respect to any particular:
630+38 (A) CSE system; or
631+39 (B) project to install one (1) or more CSE systems in the
632+40 unit.
633+41 (c) This chapter does not affect a unit's planning and zoning
634+42 powers under IC 36-7 with respect to the permitting, construction,
635+ES 411—LS 7174/DI 101 15
636+1 installation, or siting of one (1) or more CSE systems in the unit.
637+2 Sec. 10. (a) Subject to subsection (e), and except as otherwise
638+3 allowed by IC 36-7-4-1109, a project owner may not install or
639+4 locate a CSE system on property in a unit unless the distance,
640+5 measured as a straight line, from the nearest outer edge of the CSE
641+6 system's solar panels to:
642+7 (1) the nearest edge of the right-of-way for any:
643+8 (A) federal interstate highway, federal highway, state
644+9 highway, or county highway is at least forty (40) feet;
645+10 (B) collector road is at least thirty (30) feet; or
646+11 (C) local road is at least ten (10) feet; or
647+12 (2) the property line of any nonparticipating property is at
648+13 least fifty (50) feet.
649+14 (b) Subject to subsection (e), and except as otherwise allowed by
650+15 IC 36-7-4-1109, a project owner may not install or locate a CSE
651+16 system on property in a unit unless the distance, measured as a
652+17 straight line, from the nearest outer edge of the CSE system's solar
653+18 panels to the nearest point on the outer wall of a dwelling located
654+19 on a nonparticipating property is at least two hundred fifty (250)
655+20 feet.
656+21 (c) Subject to subsection (e), and except as otherwise allowed by
657+22 IC 36-7-4-1109, if a project owner installs a CSE system within a
658+23 distance of two hundred fifty (250) feet, measured as a straight
659+24 line, from the nearest outer edge of the CSE system's solar panels
660+25 to the nearest point on the outer wall of a dwelling located on a
661+26 nonparticipating property, the project owner shall install a
662+27 landscape buffer in the area between the nearest outer edge of the
663+28 CSE system's solar panels and the nonparticipating property
664+29 owner's property line that faces the CSE system's solar panels. The
665+30 landscape buffer must be:
666+31 (1) in a location that is not on the property of the
667+32 nonparticipating property owner; and
668+33 (2) constructed from such materials;
669+34 as set forth in a plan submitted to the unit during the permitting
670+35 and approval process for the CSE system.
671+36 (d) Except as otherwise allowed by IC 36-7-4-1109, a project
672+37 owner may not install or locate a CSE system on property in a unit
673+38 unless the height of the CSE system solar panels are not more than
674+39 twenty-five (25) feet above ground level when the CSE system's
675+40 arrays are at full tilt. However, a permit authority or a unit may
676+41 not impose a clearance requirement between the ground and the
677+42 bottom edge of a CSE system's solar panels.
678+ES 411—LS 7174/DI 101 16
679+1 (e) The:
680+2 (1) distance requirements set forth in subsection (a)(2) and
681+3 subsection (b); and
682+4 (2) requirement for the installation of a landscape buffer set
683+5 forth in subsection (c);
684+6 may be waived with respect to the siting of any one (1) CSE system,
685+7 subject to the written consent of the owner of each affected
686+8 nonparticipating property.
687+9 Sec. 11. Except as otherwise allowed by IC 36-7-4-1109, if a
688+10 project owner installs a CSE system in a unit, the project owner
689+11 shall plant, establish, and maintain for the life of the CSE system
690+12 perennial vegetated ground cover on the ground around and under
691+13 solar panels, and in project site buffer areas. The use of pollinator
692+14 seed mixes in the planting of ground cover required by this section
693+15 is encouraged. A unit or permit authority may require a project
694+16 owner to prepare for a project site a vegetation plan that:
695+17 (1) is compatible with each CSE system on the project site;
696+18 (2) provides for the planting of noninvasive species and the
697+19 use of native or naturalized species if the planting and use of
698+20 noninvasive and native or naturalized species are:
699+21 (A) appropriate to the region;
700+22 (B) economically feasible; and
701+23 (C) agreed to by the landowner;
702+24 in order to reduce storm water runoff and erosion at the site
703+25 and to provide habitat for wildlife and insects; and
704+26 (3) provides for site preparation and maintenance practices
705+27 designed to control invasive species and noxious weeds (as
706+28 defined in IC 15-16-7-2).
707+29 Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, if a
708+30 project owner installs a CSE system in a unit, the project owner
709+31 shall completely enclose the CSE system with fencing that is at
710+32 least six (6) feet high.
711+33 Sec. 13. Except as otherwise allowed by IC 36-7-4-1109, if a
712+34 project owner installs a CSE system in a unit, all cables of up to
713+35 thirty-four and one-half (34.5) kilovolts that are located between
714+36 inverter locations and project substations shall be located and
715+37 maintained underground, as feasible. Other solar infrastructure,
716+38 such as module-to-module collection cables, transmission lines,
717+39 substations, junction boxes, and other typical aboveground
718+40 infrastructure may be located and maintained above ground.
719+41 Buried cables shall be at a depth of at least thirty-six (36) inches
720+42 below grade or, if necessitated by onsite conditions, at a greater
721+ES 411—LS 7174/DI 101 17
722+1 depth. Cables and lines located outside of the CSE system project
723+2 site may:
724+3 (1) be located above ground; or
725+4 (2) in the case of cables or lines of up to thirty-four and
726+5 one-half (34.5) kilovolts, be buried underground at:
727+6 (A) a depth of at least forty-eight (48) inches below grade,
728+7 so as to not interfere with drainage tile or ditch repairs; or
729+8 (B) another depth, as necessitated by conditions;
730+9 as determined in consultation with the landowner.
731+10 Sec. 14. Except as otherwise allowed by IC 36-7-4-1109, a CSE
732+11 system installed by a project owner must be designed and
733+12 constructed to:
734+13 (1) minimize glare on adjacent properties and roadways; and
735+14 (2) not interfere with vehicular traffic, including air traffic.
736+15 Sec. 15. Except as otherwise allowed by IC 36-7-4-1109, a CSE
737+16 system installed in a unit must be installed in a manner so as to
738+17 minimize and mitigate impacts to:
739+18 (1) television signals;
740+19 (2) microwave signals;
741+20 (3) agricultural global positioning systems;
742+21 (4) military defense radar;
743+22 (5) radio reception; or
744+23 (6) weather and doppler radar.
745+24 Sec. 16. (a) Subject to subsection (b), and except as otherwise
746+25 allowed by IC 36-7-4-1109, a project owner may not install or
747+26 locate a CSE system in a unit unless the project owner
748+27 demonstrates to the permit authority that the CSE system will
749+28 operate in a manner such that the sound attributable to the CSE
750+29 system will not exceed an hourly average sound level of fifty (50)
751+30 A-weighted decibels, as modeled at the outer wall of a dwelling
752+31 located on an adjacent nonparticipating property.
753+32 (b) The requirement set forth in subsection (a) may be waived
754+33 with respect to any one (1) CSE system, subject to the written
755+34 consent of the owner of each adjacent nonparticipating property.
756+35 Sec. 17. This section applies with respect to a CSE system that
757+36 is constructed or installed in a unit after June 30, 2022. Except as
758+37 otherwise allowed by IC 36-7-4-1109, all damages to waterways,
759+38 drainage ditches, field tiles, or other drainage related
760+39 infrastructure caused by the construction, installation, or
761+40 maintenance of a CSE system must be completely repaired by the
762+41 project owner or remedied with the installation of new drainage
763+42 infrastructure so as to not impede the natural flow of water. All
764+ES 411—LS 7174/DI 101 18
765+1 repairs must be completed within a reasonable period of time and:
766+2 (1) to the satisfaction of the unit; and
767+3 (2) as stated in an applicable lease or another agreement with
768+4 the landowner;
769+5 subject to applicable federal, state, and local drainage laws and
770+6 regulations.
771+7 Sec. 18. (a) Subject to subsection (b), and except as otherwise
772+8 allowed by IC 36-7-4-1109, a project owner may not install or
773+9 locate a CSE system in a unit unless the project owner submits to
774+10 the permit authority a decommissioning and site restoration plan,
775+11 and posts a surety bond, or an equivalent means of security
776+12 acceptable to the permit authority, including a parent company
777+13 guarantee or an irrevocable letter of credit, but excluding cash, in
778+14 an amount equal to the estimated cost of decommissioning the CSE
779+15 system, as calculated by a third party licensed or registered
780+16 engineer or by another person with suitable experience in the
781+17 decommissioning of CSE systems, as agreed upon by the project
782+18 owner and the permit authority. The required bond or other
783+19 security shall be posted in increments such that the total amount of
784+20 the bond or security posted is as follows:
785+21 (1) An amount equal to twenty-five percent (25%) of the total
786+22 estimated decommissioning costs not later than the start date
787+23 of the CSE system's full commercial operation.
788+24 (2) An amount equal to fifty percent (50%) of the total
789+25 estimated decommissioning costs not later than the fifth
790+26 anniversary of the start date of the CSE system's full
791+27 commercial operation.
792+28 (3) An amount equal to one hundred percent (100%) of the
793+29 total estimated decommissioning costs not later than the tenth
794+30 anniversary of the start date of the CSE system's full
795+31 commercial operation. For purposes of this subdivision, the
796+32 total estimated decommissioning costs shall be reevaluated by
797+33 a third party licensed or registered engineer (or by another
798+34 person with suitable experience in the decommissioning of
799+35 CSE systems, as agreed upon by the project owner and the
800+36 permit authority):
801+37 (A) in connection with the tenth anniversary of the start
802+38 date of the CSE system's full commercial operation; and
803+39 (B) at least once every succeeding five (5) year period after
804+40 the tenth anniversary of the start date of the CSE system's
805+41 full commercial operation;
806+42 and the total amount of the bond or security posted under this
807+ES 411—LS 7174/DI 101 19
808+1 subdivision shall be adjusted as necessary after each
809+2 reevaluation.
810+3 (b) For purposes of this section, the estimated cost of
811+4 decommissioning a CSE system, as calculated by a licensed or
812+5 registered professional engineer (or by another person with
813+6 suitable experience in the decommissioning of CSE systems, as
814+7 agreed upon by the project owner and the permit authority), shall
815+8 be net of any estimated salvage value attributable to the CSE
816+9 system at the time of decommissioning, unless the unit and the
817+10 project owner agree to include any such value in the estimated cost.
818+11 (c) A project owner shall provide to the permit authority
819+12 written notice of the project owner's intent to decommission a CSE
820+13 system not later than sixty (60) days before the discontinuation of
821+14 commercial operation by the CSE system. Except as provided in
822+15 subsection (e), after the discontinuation of commercial operation
823+16 by the CSE system, and as part of the decommissioning process:
824+17 (1) all structures, foundations, roads, gravel areas, and cables
825+18 associated with the project shall be removed to a depth of at
826+19 least thirty-six (36) inches below grade; and
827+20 (2) the ground shall be restored to a condition reasonably
828+21 similar to its condition before the start of construction
829+22 activities in connection with the CSE system project.
830+23 (d) Except as provided in subsection (e), if the project owner
831+24 fails to remove all CSE system project assets not later than one (1)
832+25 year after the proposed date of final decommissioning, as set forth
833+26 in the notice to the permit authority under subsection (c), the
834+27 permit authority may engage qualified contractors to:
835+28 (1) enter the project site;
836+29 (2) remove the CSE system project assets;
837+30 (3) sell any assets removed; and
838+31 (4) remediate the site;
839+32 and may initiate proceedings to recover any costs incurred.
840+33 (e) Project assets may remain in place after decommissioning is
841+34 complete if:
842+35 (1) the location and condition of the assets conform with local
843+36 regulations at the time of decommissioning; and
844+37 (2) the written consent of the landowner is obtained.
845+38 Sec. 19. (a) If a CSE system installed in a unit does not generate
846+39 electricity for eighteen (18) consecutive months:
847+40 (1) the CSE system is considered abandoned as of the date
848+41 that is five hundred forty (540) days after the date on which
849+42 the CSE system last generated electricity; and
850+ES 411—LS 7174/DI 101 20
851+1 (2) all CSE system project assets shall be removed in
852+2 accordance with section 18(c) of this chapter not later than
853+3 one (1) year after the date of abandonment specified in
854+4 subdivision (1).
855+5 (b) In the case of abandonment, as described in subsection (a),
856+6 if the project owner fails to remove the CSE system project assets
857+7 not later than one (1) year after the date of abandonment, as
858+8 required by subsection (a)(2), the permit authority may engage
859+9 qualified contractors to:
860+10 (1) enter the project site;
861+11 (2) remove the CSE system project assets;
862+12 (3) sell any assets removed; and
863+13 (4) remediate the site;
864+14 and may initiate proceedings to recover any costs incurred.
865+15 Sec. 20. (a) As used in this section, "force majeure event"
866+16 includes the following:
867+17 (1) Fire, flood, tornado, or other natural disasters or acts of
868+18 God.
869+19 (2) War, civil strife, a terrorist attack, or other similar acts of
870+20 violence.
871+21 (3) Other unforeseen events or events over which a project
872+22 owner has no control.
873+23 (b) If a force majeure event results in a CSE system not
874+24 generating electricity, the project owner shall:
875+25 (1) as soon as practicable after the occurrence of the force
876+26 majeure event, provide notice to the permit authority of the
877+27 event and of the resulting cessation of generating operations;
878+28 and
879+29 (2) demonstrate to the permit authority that the CSE system
880+30 will be substantially operational and generating electricity not
881+31 later than twelve (12) months after the occurrence of the force
882+32 majeure event.
883+33 (c) If the CSE system does not become substantially operational
884+34 and resume generating electricity within the time set forth in
885+35 subsection (b)(2):
886+36 (1) the CSE system is considered abandoned as of the date
887+37 that is three hundred sixty-five (365) days after the date on
888+38 which the CSE system last generated electricity, unless the
889+39 project owner demonstrates to the permit authority that the
890+40 project owner is using all commercially reasonable efforts to
891+41 resume generation; and
892+42 (2) all CSE system project assets shall be removed in
893+ES 411—LS 7174/DI 101 21
894+1 accordance with section 18(c) of this chapter not later than
895+2 one (1) year after the date of abandonment specified in
896+3 subdivision (1).
897+4 (d) In the case of presumed abandonment, as described in
898+5 subsection (c), if the project owner fails to remove the CSE system
899+6 project assets not later than one (1) year after the date of
900+7 abandonment, as required by subsection (c)(2), the permit
901+8 authority may engage qualified contractors to:
902+9 (1) enter the project site;
903+10 (2) remove the CSE system project assets;
904+11 (3) sell any assets removed; and
905+12 (4) remediate the site;
906+13 and may initiate proceedings to recover any costs incurred.
907+ES 411—LS 7174/DI 101 22
908+COMMITTEE REPORT
909+Madam President: The Senate Committee on Utilities, to which was
910+referred Senate Bill No. 411, has had the same under consideration and
911+begs leave to report the same back to the Senate with the
912+recommendation that said bill DO PASS.
913+ (Reference is to SB 411 as introduced.)
914+
915+KOCH, Chairperson
916+Committee Vote: Yeas 7, Nays 1
917+_____
918+SENATE MOTION
919+Madam President: I move that Senate Bill 411 be amended to read
920+as follows:
921+Page 3, delete lines 12 through 13.
922+Page 3, line 14, delete "(2)" and insert "(1)".
923+Page 3, line 19, delete "(3)" and insert "(2)".
924+Page 3, line 36, delete "(4)" and insert "(3)".
925+Page 4, line 8, delete "develops a" and insert "submits a
926+commercial solar project to be approved under standards that
927+comply with IC 8-1-42-10 through IC 8-1-42-20;".
928+Page 4, delete line 9.
929+Page 4, delete lines 30 through 31.
930+Page 4, line 32, delete "(2)" and insert "(1)".
931+Page 4, line 37, delete "(3)" and insert "(2)".
932+Page 5, line 12, delete "(4)" and insert "(3)".
933+Page 5, line 25, delete "develops a" and insert "submits a wind
934+power project to be approved under standards that comply with
935+IC 8-1-41-10 through IC 8-1-41-16;".
936+Page 5, delete line 26.
937+Page 12, line 40, delete "a project owner may not commence
938+construction on".
939+Page 12, line 41, delete "unless the wind power".
940+Page 12, line 42, delete "device is" and insert "must be".
941+Page 12, line 42, after "technology," insert "unless:".
942+Page 13, delete lines 1 through 3.
943+Page 13, line 6, delete "or".
944+Page 13, between lines 6 and 7, begin a new line block indented and
945+insert:
946+ES 411—LS 7174/DI 101 23
947+"(2) the wind turbine light mitigation technology application
948+is pending review by the appropriate federal agencies; or".
949+Page 13, line 7, delete "(2)" and insert "(3)".
950+Page 13, line 16, delete "to near original condition" and insert "or
951+remedied with the installation of new drainage infrastructure".
952+Page 13, line 30, after "credit," insert "but excluding cash,".
953+Page 19, line 36, delete "one hundred fifty (150)" and insert "two
954+hundred fifty (250)".
955+Page 20, line 2, delete "outer wall of the dwelling located on" and
956+insert "CSE system-facing property line of".
957+Page 20, line 4, delete "location;" and insert "location that is not on
958+the property of the nonparticipating property owner;".
959+Page 21, line 9, delete "underground." and insert "underground, as
960+feasible.".
961+Page 22, line 12, delete "to near original condition" and insert "or
962+remedied with the installation of new drainage infrastructure".
963+Page 22, line 26, after "credit," insert "but excluding cash,".
964+(Reference is to SB 411 as printed January 25, 2022.)
965+MESSMER
966+_____
967+COMMITTEE REPORT
968+Mr. Speaker: Your Committee on Utilities, Energy and
969+Telecommunications, to which was referred Senate Bill 411, has had
970+the same under consideration and begs leave to report the same back
971+to the House with the recommendation that said bill be amended as
972+follows:
973+Page 1, line 10, after "the" insert "permitting,".
974+Page 2, line 23, after "the" insert "permitting,".
975+Page 3, line 13, after "the" insert "permitting,".
976+Page 4, line 3, delete "If:" and insert "Except as provided in
977+subsection (c), if:".
978+Page 4, line 19, delete "(a)(4)," and insert "(a)(3),".
979+Page 4, line 23, delete "(a)(4)." and insert "(a)(3).".
980+Page 4, between lines 23 and 24, begin a new paragraph and insert:
981+"(c) The corporation may not authorize a unit to receive a
982+financial incentive under subsection (b) with respect to a
983+commercial solar project if the project owner has executed, before
984+July 1, 2022, a commercial power purchase agreement, or another
985+ES 411—LS 7174/DI 101 24
986+similar contract, for the sale and purchase of power generated by
987+the project.".
988+Page 4, line 30, after "the" insert "permitting,".
989+Page 5, line 19, delete "If:" and insert "Except as provided in
990+subsection (c), if:".
991+Page 5, line 34, delete "(a)(4)," and insert "(a)(3),".
992+Page 5, line 39, delete "(a)(4)." and insert "(a)(3).".
993+Page 5, between lines 39 and 40, begin a new paragraph and insert:
994+"(c) The corporation may not authorize a unit to receive a
995+financial incentive under subsection (b) with respect to a wind
996+power project if the project owner has executed, before July 1,
997+2022, a commercial power purchase agreement, or another similar
998+contract, for the sale and purchase of power generated by the
999+project.".
1000+Page 6, line 10, after "to" insert "IC 36-7-4-1109 and".
1001+Page 6, line 12, delete "submits an initial request" and insert "files
1002+an initial application".
1003+Page 6, line 16, after "to" insert "IC 36-7-4-1109 and".
1004+Page 6, line 19, delete "that submits an initial request" and insert
1005+"that, after June 30, 2022, files an initial application".
1006+Page 6, line 22, delete "request is" and insert "application is filed.".
1007+Page 6, delete line 23.
1008+Page 6, line 29, delete "or".
1009+Page 6, line 30, delete "feed-in-tariff".
1010+Page 6, line 32, delete "A" and insert "Unless a".
1011+Page 6, line 33, delete "does not apply to any of the following,
1012+unless the standard".
1013+Page 6, line 34, delete "involved:" and insert "involved, the
1014+standard does not:".
1015+Page 6, line 35, delete "Any" and insert "apply to any".
1016+Page 6, line 36, after "the" insert "permitting,".
1017+Page 6, line 41, after "pending" insert "approval or has been
1018+approved".
1019+Page 6, line 42, delete "IC 36-7-4-1109." and insert "IC
1020+36-7-4-1109;".
1021+Page 7, line 1, delete "The:" and insert "affect the:".
1022+Page 7, between lines 1 and 2, begin a new line double block
1023+indented and insert:
1024+"(A) permitting;".
1025+Page 7, line 2, delete "(A)" and insert "(B)".
1026+Page 7, line 3, delete "(B)" and insert "(C)".
1027+Page 7, line 4, delete "(C)" and insert "(D)".
1028+ES 411—LS 7174/DI 101 25
1029+Page 7, line 5, delete "(D)" and insert "(E)".
1030+Page 7, line 6, delete "(E)" and insert "(F)".
1031+Page 7, line 7, delete "(F)" and insert "(G)".
1032+Page 7, line 9, after "such" insert "permitting,".
1033+Page 7, line 10, delete "decommissioning." and insert
1034+"decommissioning; or".
1035+Page 7, line 11, delete "Any:" and insert "affect any:".
1036+Page 7, line 14, after "the" insert "permitting,".
1037+Page 8, line 12, after "the" insert "permitting,".
1038+Page 9, line 21, after "the" insert "permitting,".
1039+Page 9, line 31, after "the" insert "permitting,".
1040+Page 10, line 6, delete "installation" and insert "permitting,
1041+construction, installation,".
1042+Page 11, line 20, delete "siting or construction" and insert
1043+"permitting, construction, installation, or siting".
1044+Page 15, line 11, delete "(b) and (c)," and insert "(c) and (d),".
1045+Page 15, line 12, after "to" insert "IC 36-7-4-1109 and".
1046+Page 15, line 14, delete "submits an initial request" and insert "files
1047+an initial application".
1048+Page 15, line 18, after "to" insert "IC 36-7-4-1109 and".
1049+Page 15, line 21, delete "that submits an initial request" and insert
1050+"that, after June 30, 2022, files an initial application".
1051+Page 15, line 24, delete "request is" and insert "application is
1052+filed.".
1053+Page 15, delete line 25.
1054+Page 15, line 32, delete "or feed-in-tariff".
1055+Page 15, line 34, delete "A" and insert "Unless a".
1056+Page 15, line 35, delete "does not apply to any of the following,
1057+unless the standard".
1058+Page 15, line 36, delete "involved:" and insert "involved, the
1059+standard does not:".
1060+Page 15, line 37, delete "Any" and insert "apply to any".
1061+Page 15, line 38, after "the" insert "permitting,".
1062+Page 16, line 1, after "pending" insert "approval or has been
1063+approved".
1064+Page 16, line 2, delete "IC 36-7-4-1109." and insert "IC
1065+36-7-4-1109;".
1066+Page 16, line 3, delete "The:" and insert "affect the:".
1067+Page 16, between lines 3 and 4, begin a new line double block
1068+indented and insert:
1069+"(A) permitting;".
1070+Page 16, line 4, delete "(A)" and insert "(B)".
1071+ES 411—LS 7174/DI 101 26
1072+Page 16, line 5, delete "(B)" and insert "(C)".
1073+Page 16, line 6, delete "(C)" and insert "(D)".
1074+Page 16, line 7, delete "(D)" and insert "(E)".
1075+Page 16, line 8, delete "(E)" and insert "(F)".
1076+Page 16, line 9, delete "(F)" and insert "(G)".
1077+Page 16, line 11, after "such" insert "permitting,".
1078+Page 16, line 12, delete "decommissioning." and insert
1079+"decommissioning; or".
1080+Page 16, line 13, delete "Any:" and insert "affect any:".
1081+Page 16, line 16, after "the" insert "permitting,".
1082+Page 16, line 28, after "includes" insert "solar panels,".
1083+Page 16, line 35, after "the" insert "permitting,".
1084+Page 17, line 31, after "the" insert "permitting,".
1085+Page 18, line 39, after "the" insert "permitting,".
1086+Page 19, line 14, delete "installation" and insert "permitting,
1087+construction, installation,".
1088+Page 19, line 20, delete "system" and insert "system's solar panels".
1089+Page 19, line 31, delete "system" and insert "system's solar panels".
1090+Page 19, line 37, delete "system" and insert "system's solar panels".
1091+Page 19, line 40, delete "system and the" and insert "system's solar
1092+panels and the nonparticipating property owner's property line
1093+that faces the CSE system's solar panels. The landscape buffer
1094+must be:".
1095+Page 19, delete line 41.
1096+Page 25, line 4, delete "b(2):" and insert "(b)(2):".
1097+Page 25, line 7, delete "electricity;" and insert "electricity, unless
1098+the project owner demonstrates to the permit authority that the
1099+project owner is using all commercially reasonable efforts to
1100+resume generation;".
1101+and when so amended that said bill do pass.
1102+(Reference is to SB 411 as reprinted January 28, 2022.)
1103+SOLIDAY
1104+Committee Vote: yeas 10, nays 0.
1105+ES 411—LS 7174/DI 101 27
1106+COMMITTEE REPORT
1107+Mr. Speaker: Your Committee on Ways and Means, to which was
1108+referred Senate Bill 411, has had the same under consideration and
1109+begs leave to report the same back to the House with the
1110+recommendation that said bill be amended as follows:
1111+Page 1, delete lines 1 through 15.
1112+Delete pages 2 through 5.
1113+Page 6, delete lines 1 through 16.
1114+Page 6, line 21, delete "(c) and (d)," and insert "(b) and (c),".
1115+Page 6, line 22, delete "the".
1116+Page 6, delete lines 23 through 28.
1117+Page 6, line 29, delete "IC 36-7-4-1109 and section 9(b) of this
1118+chapter,".
1119+Page 6, run in lines 22 through 29.
1120+Page 6, line 36, delete "(c)" and insert "(b)".
1121+Page 7, line 2, delete "(d)" and insert "(c)".
1122+Page 9, line 40, delete "or 1(b)".
1123+Page 9, line 42, delete "or 1(b)".
1124+Page 15, line 27, delete "(c) and (d)," and insert "(b) and (c),".
1125+Page 15, line 28, delete "the".
1126+Page 15, delete lines 29 through 34.
1127+Page 15, line 35, delete "IC 36-7-4-1109 and section 9(b) of this
1128+chapter,".
1129+Page 15, run in lines 28 through 35.
1130+Page 15, line 42, delete "(c)" and insert "(b)".
1131+Page 16, line 8, delete "(d)" and insert "(c)".
1132+Page 19, line 10, delete "or 1(b)".
1133+Page 19, line 12, delete "or 1(b)".
1134+Renumber all SECTIONS consecutively.
1135+and when so amended that said bill do pass.
1136+(Reference is to ESB 411 as printed February 15, 2022.)
1137+BROWN T
1138+Committee Vote: yeas 23, nays 0.
1139+ES 411—LS 7174/DI 101 28
1140+HOUSE MOTION
1141+Mr. Speaker: I move that Engrossed Senate Bill 411 be amended to
1142+read as follows:
1143+Page 1, line 6, delete "9(b) of this chapter, one (1)" and insert "9 of
1144+this chapter, the".
1145+Page 1, line 7, delete "or more particular".
1146+Page 1, line 8, delete "chapter" and insert "chapter, or standards
1147+less restrictive than the standards set forth in sections 10 through
1148+16 of this chapter,".
1149+Page 1, line 10, delete "has in effect a wind power" and insert
1150+"qualifies as a wind energy ready community under subsection
1151+(d).".
1152+Page 1, delete lines 11 through 12.
1153+Page 2, between lines 36 and 37, begin a new paragraph and insert:
1154+"(d) As used in this section, "wind energy ready community"
671155 means a unit that has voluntarily adopted:
681156 (1) the standards set forth in sections 10 through 16 of this
691157 chapter; or
701158 (2) standards less restrictive than the standards set forth in
71-sections 10 through 16 of this chapter.
72-Sec. 2. As used in this chapter, "dwelling" means any building,
73-structure, or part of a building or structure that is occupied as, or
74-is designed or intended for occupancy as, a residence by one (1) or
75-more families or individuals.
76-Sec. 3. (a) As used in this chapter, "nonparticipating property"
77-means a lot or parcel of real property:
78-(1) that is not owned by a project owner; and
79-(2) with respect to which:
80-(A) the project owner does not seek:
81-(i) to install or locate one (1) or more wind power devices
82-or other facilities related to a wind power project
83-SEA 411 — Concur 3
84-(including power lines, temporary or permanent access
85-roads, or other temporary or permanent infrastructure);
86-or
87-(ii) to otherwise enter into a lease or any other
88-agreement with the owner of the property for use of all
89-or part of the property in connection with a wind power
90-project; or
91-(B) the owner of the property does not consent:
92-(i) to having one (1) or more wind power devices or other
93-facilities related to a wind power project (including
94-power lines, temporary or permanent access roads, or
95-other temporary or permanent infrastructure) installed
96-or located; or
97-(ii) to otherwise enter into a lease or any other
98-agreement with the project owner for use of all or part
99-of the property in connection with a wind power project.
100-(b) The term does not include a lot or parcel of real property
101-otherwise described in subsection (a) if the owner of the lot or
102-parcel consents to participate in a wind power project through a
103-neighbor agreement, a participation agreement, or another similar
104-arrangement or agreement with a project owner.
105-Sec. 4. (a) As used in this chapter, "permit authority" means:
106-(1) a unit; or
107-(2) a board, a commission, or any other governing body of a
108-unit;
109-that makes legislative or administrative decisions concerning the
110-permitting, construction, installation, siting, modification,
111-operation, or decommissioning of wind power devices in the unit.
112-(b) The term does not include:
113-(1) the state or any of its agencies, departments, boards,
114-commissions, authorities, or instrumentalities; or
115-(2) a court or other judicial body that reviews decisions or
116-rulings made by a permit authority.
117-Sec. 5. (a) As used in this chapter, "project owner" means a
118-person that:
119-(1) will own one (1) or more wind power devices proposed to
120-be located in a unit; or
121-(2) owns one (1) or more wind power devices located in a unit.
122-(b) The term includes an agent or a representative of a person
123-described in subsection (a).
124-(c) The term does not include an electricity supplier (as defined
125-in IC 8-1-2.3-2).
126-Sec. 6. (a) As used in this chapter, "unit" refers to:
127-(1) a county, if a project owner, as part of a single wind power
128-project or development, seeks to locate one (1) or more wind
129-SEA 411 — Concur 4
130-power devices:
131-(A) entirely within unincorporated areas of the county;
132-(B) within both unincorporated areas of the county and
133-one (1) or more municipalities within the county; or
134-(C) entirely within two (2) or more municipalities within
135-the county; or
136-(2) a municipality, if:
137-(A) a project owner, as part of a single wind power project
138-or development, seeks to locate one (1) or more wind
139-power devices entirely within the boundaries of the
140-municipality; and
141-(B) subdivision (1)(B) or (1)(C) does not apply.
142-(b) The term refers to:
143-(1) each county described in subsection (a)(1) in which a
144-project owner seeks to locate one (1) or more wind power
145-devices, if the project owner seeks to locate wind power
146-devices in more than one (1) county as part of a single wind
147-power project or development; and
148-(2) each municipality described in subsection (a)(2) in which
149-a project owner seeks to locate one (1) or more wind power
150-devices, if the project owner seeks to locate wind power
151-devices in two (2) or more municipalities, each of which is
152-located in a different county.
153-Sec. 7. As used in this chapter, "wind power device" means a
154-device, including a windmill or a wind turbine, that is designed to
155-use the kinetic energy of moving air to provide mechanical energy
156-or to produce electricity.
157-Sec. 8. As used in this chapter, "wind power regulation" refers
158-to any ordinance or regulation, including any:
159-(1) zoning or land use ordinance or regulation; or
160-(2) general or specific planning ordinance or regulation;
161-that is adopted by a unit and that concerns the permitting,
162-construction, installation, siting, modification, operation, or
163-decommissioning of wind power devices in the unit.
164-Sec. 9. (a) A permit authority for a unit described in section 1(a)
165-of this chapter is responsible for enforcing compliance with any
166-standards set forth in sections 10 through 16 of this chapter that
167-apply in the unit under section 1(a) of this chapter.
168-(b) A unit may:
169-(1) adopt and enforce a wind power regulation that includes
170-standards that:
171-(A) concern the permitting, construction, installation,
172-siting, modification, operation, or decommissioning of
173-wind power devices in the unit; and
174-(B) are less restrictive than the standards set forth in this
175-SEA 411 — Concur 5
176-chapter;
177-(2) waive or make less restrictive any standard set forth in
178-this chapter with respect to any particular:
179-(A) wind power device; or
180-(B) project to install one (1) or more wind power devices in
181-the unit; or
182-(3) waive or make less restrictive any standard that is not set
183-forth in this chapter but that is included in a wind power
184-regulation adopted by the unit with respect to any particular:
185-(A) wind power device; or
186-(B) project to install one (1) or more wind power devices in
187-the unit.
188-(c) This chapter does not affect a unit's planning and zoning
189-powers under IC 36-7 with respect to the permitting, construction,
190-installation, or siting of one (1) or more wind power devices in the
191-unit.
192-Sec. 10. (a) Subject to subsection (h), and except as otherwise
193-allowed by IC 36-7-4-1109, a project owner may not install or
194-locate a wind power device on property in a unit unless the
195-distance, measured as a straight line, from the vertical centerline
196-of the base of the wind power device to:
197-(1) the centerline of any:
198-(A) runway located on a public use airport, private use
199-airport, or municipal airport;
200-(B) public use highway, street, or road; or
201-(C) railroad easement or right-of-way; or
202- (2) the property line of any nonparticipating property;
203-is equal to a distance that is at least one and one-tenth (1.1) times
204-the wind power device's blade tip height, as measured from the
205-ground to the tip of the blade.
206-(b) Subject to subsection (h), and except as otherwise allowed by
207-IC 36-7-4-1109, a project owner may not install or locate a wind
208-power device on property in a unit unless the distance, measured
209-as a straight line, from the vertical centerline of the base of the
210-wind power device to the nearest point on the outer wall of a
211-dwelling located on a nonparticipating property is equal to a
212-distance that is at least three (3) times the wind power device's
213-blade tip height, as measured from the ground to the tip of the
214-blade.
215-(c) Except as otherwise allowed by IC 36-7-4-1109, a project
216-owner may not install or locate a wind power device on property
217-in a unit unless the distance, measured as a straight line, from the
218-vertical centerline of the base of the wind power device to the
219-nearest edge of the right-of-way for any utility transmission or
220-distribution line is equal to a distance that is at least one and
221-SEA 411 — Concur 6
222-two-tenths (1.2) times the wind power device's blade tip height, as
223-measured from the ground to the tip of the blade.
224-(d) Except as otherwise allowed by IC 36-7-4-1109, a project
225-owner may not install or locate a wind power device on property
226-in a unit unless the distance, measured as a straight line, from the
227-vertical centerline of the base of the wind power device to the
228-property line of any undeveloped land within the unit that is zoned
229-or platted for residential use is equal to a distance that is at least
230-two (2) times the wind power device's blade tip height, as measured
231-from the ground to the tip of the blade.
232-(e) Except as otherwise allowed by IC 36-7-4-1109, a project
233-owner may not install or locate a wind power device on property
234-in a unit unless the distance, measured as a straight line, from the
235-vertical centerline of the base of the wind power device to the
236-property line of a state park is equal to a distance of at least one (1)
237-mile.
238-(f) A project owner may not install or locate a wind power
239-device within a county unless the distance, measured as a straight
240-line, from the vertical centerline of the base of the wind power
241-device to the corporate boundaries of any municipality within the
242-county is equal to a distance of at least one (1) mile. However, a
243-municipality may waive or reduce the minimum distance
244-prescribed by this subsection with respect to the installation of one
245-(1) or more wind power devices.
246-(g) Except as otherwise allowed by IC 36-7-4-1109, a permit
247-authority, with respect to the permitting, construction, installation,
248-or siting of any wind power device within the unit, may not set a
249-blade tip height limitation, through a wind power regulation or
250-otherwise, that is more restrictive than the standards of the
251-Federal Aviation Administration under 14 CFR Part 77 concerning
252-the safe, efficient use and preservation of the navigable airspace.
253-(h) The distance requirements set forth in subsections (a)(2) and
254-(b) may be waived with respect to the siting of any one (1) wind
255-power device, subject to the written consent of the owner of each
256-affected nonparticipating property.
257-Sec. 11. (a) Subject to subsection (c), and except as otherwise
258-allowed by IC 36-7-4-1109, a project owner may not install or
259-locate one (1) or more wind power devices in a unit unless the
260-project owner demonstrates to the permit authority that with
261-respect to each wind power device that the project owner seeks to
262-install or locate in the unit:
263-(1) the project owner has used shadow flicker computer
264-modeling to estimate the amount of shadow flicker anticipated
265-to be caused by the wind power device; and
266-(2) the wind power device has been designed such that
267-SEA 411 — Concur 7
268-industry standard computer modeling indicates that any
269-dwelling on a nonparticipating property within the unit will
270-not experience more than thirty (30) hours per year of shadow
271-flicker under planned operating conditions for the wind
272-power device.
273-(b) After a project owner installs or locates a wind power device
274-in a unit, the project owner shall work with the owner of any
275-affected dwelling on a nonparticipating property to mitigate the
276-effects of shadow flicker to the extent reasonably practicable.
277-(c) The requirement set forth in subsection (a)(2) may be waived
278-with respect to any one (1) wind power device, subject to the
279-written consent of the owner of each affected nonparticipating
280-property.
281-Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, a wind
282-power device installed in a unit must be installed in a manner so as
283-to minimize and mitigate impacts to:
284-(1) television signals;
285-(2) microwave signals;
286-(3) agricultural global positioning systems;
287-(4) military defense radar;
288-(5) radio reception; or
289-(6) weather and doppler radar.
290-Sec. 13. (a) Subject to subsection (b), and except as otherwise
291-allowed by IC 36-7-4-1109, a project owner may not install or
292-locate a wind power device in a unit unless the project owner
293-demonstrates to the permit authority that the wind power device
294-will operate in a manner such that the sound attributable to the
295-wind power device will not exceed an hourly average sound level
296-of fifty (50) A-weighted decibels, as modeled at the outer wall of an
297-affected dwelling.
298-(b) The requirement set forth in subsection (a) may be waived
299-with respect to any one (1) wind power device, subject to the
300-written consent of the owner of each affected property.
301-Sec. 14. (a) As used in this section, "wind turbine light
302-mitigation technology" means any technology used in connection
303-with a wind power device to shield, limit, or otherwise mitigate the
304-amount, intensity, character, or visibility of light emitted from the
305-wind power device.
306-(b) Except as otherwise allowed by IC 36-7-4-1109, after
307-January 1, 2023, and to the extent permissible under federal law or
308-regulations, a wind power device on property in a unit must be
309-equipped with a wind turbine light mitigation technology, unless:
310-(1) the Federal Aviation Administration denies the project
311-owner's application to use a wind turbine light mitigation
312-technology;
313-SEA 411 — Concur 8
314-(2) the wind turbine light mitigation technology application is
315-pending review by the appropriate federal agencies; or
316-(3) the project owner determines that the use of a wind
317-turbine light mitigation technology is not economically
318-feasible.
319-Sec. 15. This section applies with respect to a wind power device
320-that is constructed or installed in a unit after June 30, 2022. Except
321-as otherwise allowed by IC 36-7-4-1109, all damages to waterways,
322-drainage ditches, field tiles, or other drainage related
323-infrastructure caused by the construction, installation, or
324-maintenance of a wind power device must be completely repaired
325-by the project owner or remedied with the installation of new
326-drainage infrastructure so as to not impede the natural flow of
327-water. All repairs must be completed within a reasonable period of
328-time and:
329-(1) to the satisfaction of the unit; and
330-(2) as stated in an applicable lease or another agreement with
331-the landowner;
332-subject to applicable federal, state, and local drainage laws and
333-regulations.
334-Sec. 16. (a) Subject to subsection (b), and except as otherwise
335-allowed by IC 36-7-4-1109, a project owner may not install or
336-locate a wind power device in a unit unless the project owner
337-submits to the permit authority a decommissioning and site
338-restoration plan, and posts a surety bond, or an equivalent means
339-of security acceptable to the permit authority, including a parent
340-company guarantee or an irrevocable letter of credit, but excluding
341-cash, in an amount equal to the estimated cost of decommissioning
342-the wind power device, as calculated by a third party licensed or
343-registered engineer, or by another person with suitable experience
344-in the decommissioning of wind power devices, as agreed upon by
345-the project owner and the permit authority. The required bond or
346-other security shall be posted in increments such that the total
347-amount of the bond or security posted is as follows:
348-(1) An amount equal to twenty-five percent (25%) of the total
349-estimated decommissioning costs not later than the start date
350-of the wind power device's full commercial operation. For
351-purposes of this subdivision, the total estimated
352-decommissioning costs shall be reevaluated by a third party
353-licensed or registered engineer (or by another person with
354-suitable experience in the decommissioning of wind power
355-devices, as agreed upon by the project owner and the permit
356-authority) in connection with the:
357-(A) fifth anniversary; and
358-(B) tenth anniversary;
359-SEA 411 — Concur 9
360-of the start date of the wind power device's full commercial
361-operation, and the total amount of the bond or security posted
362-under this subdivision shall be adjusted as necessary after
363-each reevaluation.
364-(2) An amount equal to fifty percent (50%) of the total
365-estimated decommissioning costs not later than the fifteenth
366-anniversary of the start date of the wind power device's full
367-commercial operation. For purposes of this subdivision, the
368-total estimated decommissioning costs shall be reevaluated by
369-a third party licensed or registered engineer (or by another
370-person with suitable experience in the decommissioning of
371-wind power devices, as agreed upon by the project owner and
372-the permit authority) in connection with the fifteenth
373-anniversary of the start date of the wind power device's full
374-commercial operation, and the total amount of the bond or
375-security posted under this subdivision shall be adjusted as
376-necessary after the reevaluation.
377-(3) An amount equal to one hundred percent (100%) of the
378-total estimated decommissioning costs not later than the
379-twentieth anniversary of the start date of the wind power
380-device's full commercial operation. For purposes of this
381-subdivision, the total estimated decommissioning costs shall
382-be reevaluated by a third party licensed or registered
383-engineer (or by another person with suitable experience in the
384-decommissioning of wind power devices, as agreed upon by
385-the project owner and the permit authority):
386-(A) in connection with the twentieth anniversary of the
387-start date of the wind power device's full commercial
388-operation; and
389-(B) at least once every succeeding five (5) year period after
390-the twentieth anniversary of the start date of the wind
391-power device's full commercial operation;
392-and the total amount of the bond or security posted under this
393-subdivision shall be adjusted as necessary after each
394-reevaluation.
395-(b) For purposes of this section, the estimated cost of
396-decommissioning a wind power device, as calculated by a licensed
397-or registered professional engineer (or by another person with
398-suitable experience in the decommissioning of wind power devices,
399-as agreed upon by the project owner and the permit authority),
400-shall be net of any estimated salvage value attributable to the wind
401-power device at the time of decommissioning, unless the unit and
402-the project owner agree to include any such value in the estimated
403-cost.
404-SECTION 2. IC 8-1-42 IS ADDED TO THE INDIANA CODE AS
405-SEA 411 — Concur 10
406-A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
407-1, 2022]:
408-Chapter 42. Default Standards for Commercial Solar Energy
409-Systems
410-Sec. 1. (a) Except as provided in subsections (b) and (c), and
411-subject to IC 36-7-4-1109 and section 9 of this chapter, the
412-standards set forth in sections 10 through 20 of this chapter, or
413-standards less restrictive than the standards set forth in sections 10
414-through 20 of this chapter, apply to a project owner that, after
415-June 30, 2022, files an initial application for a project to install or
416-locate one (1) or more CSE systems in a unit that qualifies as a
417-solar energy ready community under subsection (d).
418-(b) Subject to a unit's planning and zoning powers under
419-IC 36-7, this chapter does not apply to a property owner who seeks
420-to install a solar energy device (as defined in IC 32-23-4-3) on the
421-property owner's premises for the purpose of generating electricity
422-to meet or offset all or part of the need for electricity on the
423-premises, whether through distributed generation, participation in
424-a net metering program offered by an electricity supplier (as
425-defined in IC 8-1-40-4), or otherwise.
426-(c) Unless a standard set forth in sections 10 through 20 of this
427-chapter is already agreed to before July 1, 2022, by the parties
428-involved, the standard does not:
429-(1) apply to any proposal, request, or application that:
430-(A) concerns the permitting, construction, installation,
431-siting, modification, operation, or decommissioning of one
432-(1) or more CSE systems in a unit;
433-(B) is submitted by a project owner to a unit before July 1,
434-2022; and
435-(C) is pending approval or has been approved as of July 1,
436-2022;
437-as set forth in IC 36-7-4-1109;
438-(2) affect the:
439-(A) permitting;
440-(B) construction;
441-(C) installation;
442-(D) siting;
443-(E) modification;
444-(F) operation; or
445-(G) decommissioning;
446-of one (1) or more CSE systems in a unit that before July 1,
447-2022, has approved such permitting, construction,
448-installation, siting, modification, operation, or
449-decommissioning; or
450-(3) affect any:
451-SEA 411 — Concur 11
452-(A) economic development agreement; or
453-(B) other agreement;
454-entered into before July 1, 2022, with respect to the
455-permitting, construction, installation, siting, modification,
456-operation, or decommissioning of one (1) or more CSE
457-systems in one (1) or more units.
458-(d) As used in this section, "solar energy ready community"
1159+sections 10 through 16 of this chapter.".
1160+Page 10, line 32, delete "9(b) of this chapter, one (1)" and insert "9
1161+of this chapter, the".
1162+Page 10, line 33, delete "or more particular".
1163+Page 10, line 34, delete "chapter" and insert "chapter, or standards
1164+less restrictive than the standards set forth in sections 10 through
1165+20 of this chapter,".
1166+Page 10, line 36, delete "has in effect a commercial solar" and insert
1167+"qualifies as a solar energy ready community under subsection
1168+(d).".
1169+Page 10, delete lines 37 through 38.
1170+Page 11, between lines 35 and 36, begin a new paragraph and insert:
1171+"(d) As used in this section, "solar energy ready community"
4591172 means a unit that has voluntarily adopted:
4601173 (1) the standards set forth in sections 10 through 20 of this
4611174 chapter; or
4621175 (2) standards less restrictive than the standards set forth in
463-sections 10 through 20 of this chapter.
464-Sec. 2. (a) As used in this chapter, "commercial solar energy
465-system", or "CSE system", means a system that:
466-(1) has a nameplate capacity of at least ten (10) megawatts;
467-and
468-(2) captures and converts solar energy into electricity:
469-(A) for the purpose of selling the electricity at wholesale;
470-and
471-(B) for use in locations other than where it is generated.
472-(b) The term includes solar panels, collection and feeder lines,
473-generation tie lines, substations, ancillary buildings, solar
474-monitoring stations, and accessory equipment or structures.
475-Sec. 3. As used in this chapter, "commercial solar regulation"
476-refers to any ordinance or regulation, including any:
477-(1) zoning or land use ordinance or regulation; or
478-(2) general or specific planning ordinance or regulation;
479-that is adopted by a unit and that concerns the permitting,
480-construction, installation, siting, modification, operation, or
481-decommissioning of CSE systems in the unit.
482-Sec. 4. As used in this chapter, "dwelling" means any building,
483-structure, or part of a building or structure that is occupied as, or
484-is designed or intended for occupancy as, a residence by one (1) or
485-more families or individuals.
486-Sec. 5. (a) As used in this chapter, "nonparticipating property"
487-means a lot or parcel of real property:
488-(1) that is not owned by a project owner; and
489-(2) with respect to which:
490-(A) the project owner does not seek:
491-(i) to install or locate one (1) or more CSE systems or
492-other facilities related to a CSE system project (including
493-power lines, temporary or permanent access roads, or
494-other temporary or permanent infrastructure); or
495-(ii) to otherwise enter into a lease or any other
496-agreement with the owner of the property for use of all
497-SEA 411 — Concur 12
498-or part of the property in connection with a CSE system
499-project; or
500-(B) the owner of the property does not consent:
501-(i) to having one (1) or more CSE systems or other
502-facilities related to a CSE system project (including
503-power lines, temporary or permanent access roads, or
504-other temporary or permanent infrastructure) installed
505-or located; or
506-(ii) to otherwise enter into a lease or any other
507-agreement with the project owner for use of all or part
508-of the property in connection with a CSE system project.
509-(b) The term does not include a lot or parcel of real property
510-otherwise described in subsection (a) if the owner of the lot or
511-parcel consents to participate in a CSE system project through a
512-neighbor agreement, a participation agreement, or another similar
513-arrangement or agreement with a project owner.
514-Sec. 6. (a) As used in this chapter, "permit authority" means:
515-(1) a unit; or
516-(2) a board, a commission, or any other governing body of a
517-unit;
518-that makes legislative or administrative decisions concerning the
519-permitting, construction, installation, siting, modification,
520-operation, or decommissioning of CSE systems in the unit.
521-(b) The term does not include:
522-(1) the state or any of its agencies, departments, boards,
523-commissions, authorities, or instrumentalities; or
524-(2) a court or other judicial body that reviews decisions or
525-rulings made by a permit authority.
526-Sec. 7. (a) As used in this chapter, "project owner" means a
527-person that:
528-(1) will own one (1) or more CSE systems proposed to be
529-located in a unit; or
530-(2) owns one (1) or more CSE systems located in a unit.
531-(b) The term includes an agent or a representative of a person
532-described in subsection (a).
533-(c) The term does not include an electricity supplier (as defined
534-in IC 8-1-2.3-2).
535-Sec. 8. (a) As used in this chapter, "unit" refers to:
536-(1) a county, if a project owner, as part of a single CSE system
537-project or development, seeks to locate one (1) or more CSE
538-systems:
539-(A) entirely within unincorporated areas of the county;
540-(B) within both unincorporated areas of the county and
541-one (1) or more municipalities within the county; or
542-(C) entirely within two (2) or more municipalities within
543-SEA 411 — Concur 13
544-the county; or
545-(2) a municipality, if:
546-(A) a project owner, as part of a single CSE system project
547-or development, seeks to locate one (1) or more CSE
548-systems entirely within the boundaries of the municipality;
549-and
550-(B) subdivision (1)(B) or (1)(C) does not apply.
551-(b) The term refers to:
552-(1) each county described in subsection (a)(1) in which a
553-project owner seeks to locate one (1) or more CSE systems, if
554-the project owner seeks to locate CSE systems in more than
555-one (1) county as part of a single CSE system project or
556-development; and
557-(2) each municipality described in subsection (a)(2) in which
558-a project owner seeks to locate one (1) or more CSE systems,
559-if the project owner seeks to locate CSE systems in two (2) or
560-more municipalities, each of which is located in a different
561-county.
562-Sec. 9. (a) A permit authority for a unit described in section 1(a)
563-of this chapter is responsible for enforcing compliance with any
564-standards set forth in sections 10 through 20 of this chapter that
565-apply in the unit under section 1(a) of this chapter.
566-(b) A unit may:
567-(1) adopt and enforce a commercial solar regulation that
568-includes standards that:
569-(A) concern the permitting, construction, installation,
570-siting, modification, operation, or decommissioning of CSE
571-systems in the unit; and
572-(B) are less restrictive than the standards set forth in this
573-chapter;
574-(2) waive or make less restrictive any standard set forth in
575-this chapter with respect to any particular:
576-(A) CSE system; or
577-(B) project to install one (1) or more CSE systems in the
578-unit; or
579-(3) waive or make less restrictive any standard that is not set
580-forth in this chapter but that is included in a commercial solar
581-regulation adopted by the unit with respect to any particular:
582-(A) CSE system; or
583-(B) project to install one (1) or more CSE systems in the
584-unit.
585-(c) This chapter does not affect a unit's planning and zoning
586-powers under IC 36-7 with respect to the permitting, construction,
587-installation, or siting of one (1) or more CSE systems in the unit.
588-Sec. 10. (a) Subject to subsection (e), and except as otherwise
589-SEA 411 — Concur 14
590-allowed by IC 36-7-4-1109, a project owner may not install or
591-locate a CSE system on property in a unit unless the distance,
592-measured as a straight line, from the nearest outer edge of the CSE
593-system's solar panels to:
594-(1) the nearest edge of the right-of-way for any:
595-(A) federal interstate highway, federal highway, state
596-highway, or county highway is at least forty (40) feet;
597-(B) collector road is at least thirty (30) feet; or
598-(C) local road is at least ten (10) feet; or
599-(2) the property line of any nonparticipating property is at
600-least fifty (50) feet.
601-(b) Subject to subsection (e), and except as otherwise allowed by
602-IC 36-7-4-1109, a project owner may not install or locate a CSE
603-system on property in a unit unless the distance, measured as a
604-straight line, from the nearest outer edge of the CSE system's solar
605-panels to the nearest point on the outer wall of a dwelling located
606-on a nonparticipating property is at least two hundred fifty (250)
607-feet.
608-(c) Subject to subsection (e), and except as otherwise allowed by
609-IC 36-7-4-1109, if a project owner installs a CSE system within a
610-distance of two hundred fifty (250) feet, measured as a straight
611-line, from the nearest outer edge of the CSE system's solar panels
612-to the nearest point on the outer wall of a dwelling located on a
613-nonparticipating property, the project owner shall install a
614-landscape buffer in the area between the nearest outer edge of the
615-CSE system's solar panels and the nonparticipating property
616-owner's property line that faces the CSE system's solar panels. The
617-landscape buffer must be:
618-(1) in a location that is not on the property of the
619-nonparticipating property owner; and
620-(2) constructed from such materials;
621-as set forth in a plan submitted to the unit during the permitting
622-and approval process for the CSE system.
623-(d) Except as otherwise allowed by IC 36-7-4-1109, a project
624-owner may not install or locate a CSE system on property in a unit
625-unless the height of the CSE system solar panels are not more than
626-twenty-five (25) feet above ground level when the CSE system's
627-arrays are at full tilt. However, a permit authority or a unit may
628-not impose a clearance requirement between the ground and the
629-bottom edge of a CSE system's solar panels.
630-(e) The:
631-(1) distance requirements set forth in subsection (a)(2) and
632-subsection (b); and
633-(2) requirement for the installation of a landscape buffer set
634-forth in subsection (c);
635-SEA 411 — Concur 15
636-may be waived with respect to the siting of any one (1) CSE system,
637-subject to the written consent of the owner of each affected
638-nonparticipating property.
639-Sec. 11. Except as otherwise allowed by IC 36-7-4-1109, if a
640-project owner installs a CSE system in a unit, the project owner
641-shall plant, establish, and maintain for the life of the CSE system
642-perennial vegetated ground cover on the ground around and under
643-solar panels, and in project site buffer areas. The use of pollinator
644-seed mixes in the planting of ground cover required by this section
645-is encouraged. A unit or permit authority may require a project
646-owner to prepare for a project site a vegetation plan that:
647-(1) is compatible with each CSE system on the project site;
648-(2) provides for the planting of noninvasive species and the
649-use of native or naturalized species if the planting and use of
650-noninvasive and native or naturalized species are:
651-(A) appropriate to the region;
652-(B) economically feasible; and
653-(C) agreed to by the landowner;
654-in order to reduce storm water runoff and erosion at the site
655-and to provide habitat for wildlife and insects; and
656-(3) provides for site preparation and maintenance practices
657-designed to control invasive species and noxious weeds (as
658-defined in IC 15-16-7-2).
659-Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, if a
660-project owner installs a CSE system in a unit, the project owner
661-shall completely enclose the CSE system with fencing that is at
662-least six (6) feet high.
663-Sec. 13. Except as otherwise allowed by IC 36-7-4-1109, if a
664-project owner installs a CSE system in a unit, all cables of up to
665-thirty-four and one-half (34.5) kilovolts that are located between
666-inverter locations and project substations shall be located and
667-maintained underground, as feasible. Other solar infrastructure,
668-such as module-to-module collection cables, transmission lines,
669-substations, junction boxes, and other typical aboveground
670-infrastructure may be located and maintained above ground.
671-Buried cables shall be at a depth of at least thirty-six (36) inches
672-below grade or, if necessitated by onsite conditions, at a greater
673-depth. Cables and lines located outside of the CSE system project
674-site may:
675-(1) be located above ground; or
676-(2) in the case of cables or lines of up to thirty-four and
677-one-half (34.5) kilovolts, be buried underground at:
678-(A) a depth of at least forty-eight (48) inches below grade,
679-so as to not interfere with drainage tile or ditch repairs; or
680-(B) another depth, as necessitated by conditions;
681-SEA 411 — Concur 16
682-as determined in consultation with the landowner.
683-Sec. 14. Except as otherwise allowed by IC 36-7-4-1109, a CSE
684-system installed by a project owner must be designed and
685-constructed to:
686-(1) minimize glare on adjacent properties and roadways; and
687-(2) not interfere with vehicular traffic, including air traffic.
688-Sec. 15. Except as otherwise allowed by IC 36-7-4-1109, a CSE
689-system installed in a unit must be installed in a manner so as to
690-minimize and mitigate impacts to:
691-(1) television signals;
692-(2) microwave signals;
693-(3) agricultural global positioning systems;
694-(4) military defense radar;
695-(5) radio reception; or
696-(6) weather and doppler radar.
697-Sec. 16. (a) Subject to subsection (b), and except as otherwise
698-allowed by IC 36-7-4-1109, a project owner may not install or
699-locate a CSE system in a unit unless the project owner
700-demonstrates to the permit authority that the CSE system will
701-operate in a manner such that the sound attributable to the CSE
702-system will not exceed an hourly average sound level of fifty (50)
703-A-weighted decibels, as modeled at the outer wall of a dwelling
704-located on an adjacent nonparticipating property.
705-(b) The requirement set forth in subsection (a) may be waived
706-with respect to any one (1) CSE system, subject to the written
707-consent of the owner of each adjacent nonparticipating property.
708-Sec. 17. This section applies with respect to a CSE system that
709-is constructed or installed in a unit after June 30, 2022. Except as
710-otherwise allowed by IC 36-7-4-1109, all damages to waterways,
711-drainage ditches, field tiles, or other drainage related
712-infrastructure caused by the construction, installation, or
713-maintenance of a CSE system must be completely repaired by the
714-project owner or remedied with the installation of new drainage
715-infrastructure so as to not impede the natural flow of water. All
716-repairs must be completed within a reasonable period of time and:
717-(1) to the satisfaction of the unit; and
718-(2) as stated in an applicable lease or another agreement with
719-the landowner;
720-subject to applicable federal, state, and local drainage laws and
721-regulations.
722-Sec. 18. (a) Subject to subsection (b), and except as otherwise
723-allowed by IC 36-7-4-1109, a project owner may not install or
724-locate a CSE system in a unit unless the project owner submits to
725-the permit authority a decommissioning and site restoration plan,
726-and posts a surety bond, or an equivalent means of security
727-SEA 411 — Concur 17
728-acceptable to the permit authority, including a parent company
729-guarantee or an irrevocable letter of credit, but excluding cash, in
730-an amount equal to the estimated cost of decommissioning the CSE
731-system, as calculated by a third party licensed or registered
732-engineer or by another person with suitable experience in the
733-decommissioning of CSE systems, as agreed upon by the project
734-owner and the permit authority. The required bond or other
735-security shall be posted in increments such that the total amount of
736-the bond or security posted is as follows:
737-(1) An amount equal to twenty-five percent (25%) of the total
738-estimated decommissioning costs not later than the start date
739-of the CSE system's full commercial operation.
740-(2) An amount equal to fifty percent (50%) of the total
741-estimated decommissioning costs not later than the fifth
742-anniversary of the start date of the CSE system's full
743-commercial operation.
744-(3) An amount equal to one hundred percent (100%) of the
745-total estimated decommissioning costs not later than the tenth
746-anniversary of the start date of the CSE system's full
747-commercial operation. For purposes of this subdivision, the
748-total estimated decommissioning costs shall be reevaluated by
749-a third party licensed or registered engineer (or by another
750-person with suitable experience in the decommissioning of
751-CSE systems, as agreed upon by the project owner and the
752-permit authority):
753-(A) in connection with the tenth anniversary of the start
754-date of the CSE system's full commercial operation; and
755-(B) at least once every succeeding five (5) year period after
756-the tenth anniversary of the start date of the CSE system's
757-full commercial operation;
758-and the total amount of the bond or security posted under this
759-subdivision shall be adjusted as necessary after each
760-reevaluation.
761-(b) For purposes of this section, the estimated cost of
762-decommissioning a CSE system, as calculated by a licensed or
763-registered professional engineer (or by another person with
764-suitable experience in the decommissioning of CSE systems, as
765-agreed upon by the project owner and the permit authority), shall
766-be net of any estimated salvage value attributable to the CSE
767-system at the time of decommissioning, unless the unit and the
768-project owner agree to include any such value in the estimated cost.
769-(c) A project owner shall provide to the permit authority
770-written notice of the project owner's intent to decommission a CSE
771-system not later than sixty (60) days before the discontinuation of
772-commercial operation by the CSE system. Except as provided in
773-SEA 411 — Concur 18
774-subsection (e), after the discontinuation of commercial operation
775-by the CSE system, and as part of the decommissioning process:
776-(1) all structures, foundations, roads, gravel areas, and cables
777-associated with the project shall be removed to a depth of at
778-least thirty-six (36) inches below grade; and
779-(2) the ground shall be restored to a condition reasonably
780-similar to its condition before the start of construction
781-activities in connection with the CSE system project.
782-(d) Except as provided in subsection (e), if the project owner
783-fails to remove all CSE system project assets not later than one (1)
784-year after the proposed date of final decommissioning, as set forth
785-in the notice to the permit authority under subsection (c), the
786-permit authority may engage qualified contractors to:
787-(1) enter the project site;
788-(2) remove the CSE system project assets;
789-(3) sell any assets removed; and
790-(4) remediate the site;
791-and may initiate proceedings to recover any costs incurred.
792-(e) Project assets may remain in place after decommissioning is
793-complete if:
794-(1) the location and condition of the assets conform with local
795-regulations at the time of decommissioning; and
796-(2) the written consent of the landowner is obtained.
797-Sec. 19. (a) If a CSE system installed in a unit does not generate
798-electricity for eighteen (18) consecutive months:
799-(1) the CSE system is considered abandoned as of the date
800-that is five hundred forty (540) days after the date on which
801-the CSE system last generated electricity; and
802-(2) all CSE system project assets shall be removed in
803-accordance with section 18(c) of this chapter not later than
804-one (1) year after the date of abandonment specified in
805-subdivision (1).
806-(b) In the case of abandonment, as described in subsection (a),
807-if the project owner fails to remove the CSE system project assets
808-not later than one (1) year after the date of abandonment, as
809-required by subsection (a)(2), the permit authority may engage
810-qualified contractors to:
811-(1) enter the project site;
812-(2) remove the CSE system project assets;
813-(3) sell any assets removed; and
814-(4) remediate the site;
815-and may initiate proceedings to recover any costs incurred.
816-Sec. 20. (a) As used in this section, "force majeure event"
817-includes the following:
818-(1) Fire, flood, tornado, or other natural disasters or acts of
819-SEA 411 — Concur 19
820-God.
821-(2) War, civil strife, a terrorist attack, or other similar acts of
822-violence.
823-(3) Other unforeseen events or events over which a project
824-owner has no control.
825-(b) If a force majeure event results in a CSE system not
826-generating electricity, the project owner shall:
827-(1) as soon as practicable after the occurrence of the force
828-majeure event, provide notice to the permit authority of the
829-event and of the resulting cessation of generating operations;
830-and
831-(2) demonstrate to the permit authority that the CSE system
832-will be substantially operational and generating electricity not
833-later than twelve (12) months after the occurrence of the force
834-majeure event.
835-(c) If the CSE system does not become substantially operational
836-and resume generating electricity within the time set forth in
837-subsection (b)(2):
838-(1) the CSE system is considered abandoned as of the date
839-that is three hundred sixty-five (365) days after the date on
840-which the CSE system last generated electricity, unless the
841-project owner demonstrates to the permit authority that the
842-project owner is using all commercially reasonable efforts to
843-resume generation; and
844-(2) all CSE system project assets shall be removed in
845-accordance with section 18(c) of this chapter not later than
846-one (1) year after the date of abandonment specified in
847-subdivision (1).
848-(d) In the case of presumed abandonment, as described in
849-subsection (c), if the project owner fails to remove the CSE system
850-project assets not later than one (1) year after the date of
851-abandonment, as required by subsection (c)(2), the permit
852-authority may engage qualified contractors to:
853-(1) enter the project site;
854-(2) remove the CSE system project assets;
855-(3) sell any assets removed; and
856-(4) remediate the site;
857-and may initiate proceedings to recover any costs incurred.
858-SEA 411 — Concur President of the Senate
859-President Pro Tempore
860-Speaker of the House of Representatives
861-Governor of the State of Indiana
862-Date: Time:
863-SEA 411 — Concur
1176+sections 10 through 20 of this chapter.".
1177+(Reference is to ESB 411 as printed February 22, 2022.)
1178+NEGELE
1179+ES 411—LS 7174/DI 101