Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
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provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 411
AN ACT to amend the Indiana Code concerning utilities.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 8-1-41 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]:
Chapter 41. Default Standards for Wind Power Devices
Sec. 1. (a) Except as provided in subsections (b) and (c), and
subject to IC 36-7-4-1109 and section 9 of this chapter, the
standards set forth in sections 10 through 16 of this chapter, or
standards less restrictive than the standards set forth in sections 10
through 16 of this chapter, apply to a project owner that, after
June 30, 2022, files an initial application for a project to install or
locate one (1) or more wind power devices in a unit that qualifies
as a wind energy ready community under subsection (d).
(b) Subject to a unit's planning and zoning powers under
IC 36-7, this chapter does not apply to a property owner that seeks
to install a wind power device on the property owner's premises for
the purpose of generating electricity to meet or offset all or part of
the need for electricity on the premises, whether through
distributed generation, participation in a net metering program
offered by an electricity supplier (as defined in IC 8-1-40-4), or
otherwise.
(c) Unless a standard set forth in sections 10 through 16 of this
chapter is already agreed to before July 1, 2022, by the parties
involved, the standard does not:
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(1) apply to any proposal, request, or application that:
(A) concerns the permitting, construction, installation,
siting, modification, operation, or decommissioning of one
(1) or more wind power devices in a unit;
(B) is submitted by a project owner to a unit before July 1,
2022; and
(C) is pending approval or has been approved as of July 1,
2022;
as set forth in IC 36-7-4-1109;
(2) affect the:
(A) permitting;
(B) construction;
(C) installation;
(D) siting;
(E) modification;
(F) operation; or
(G) decommissioning;
of one (1) or more wind power devices in a unit that before
July 1, 2022, has approved such permitting, construction,
installation, siting, modification, operation, or
decommissioning; or
(3) affect any:
(A) economic development agreement; or
(B) other agreement;
entered into before July 1, 2022, with respect to the
permitting, construction, installation, siting, modification,
operation, or decommissioning of one (1) or more wind power
devices in one (1) or more units.
(d) As used in this section, "wind energy ready community"
means a unit that has voluntarily adopted:
(1) the standards set forth in sections 10 through 16 of this
chapter; or
(2) standards less restrictive than the standards set forth in
sections 10 through 16 of this chapter.
Sec. 2. As used in this chapter, "dwelling" means any building,
structure, or part of a building or structure that is occupied as, or
is designed or intended for occupancy as, a residence by one (1) or
more families or individuals.
Sec. 3. (a) As used in this chapter, "nonparticipating property"
means a lot or parcel of real property:
(1) that is not owned by a project owner; and
(2) with respect to which:
(A) the project owner does not seek:
(i) to install or locate one (1) or more wind power devices
or other facilities related to a wind power project
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(including power lines, temporary or permanent access
roads, or other temporary or permanent infrastructure);
or
(ii) to otherwise enter into a lease or any other
agreement with the owner of the property for use of all
or part of the property in connection with a wind power
project; or
(B) the owner of the property does not consent:
(i) to having one (1) or more wind power devices or other
facilities related to a wind power project (including
power lines, temporary or permanent access roads, or
other temporary or permanent infrastructure) installed
or located; or
(ii) to otherwise enter into a lease or any other
agreement with the project owner for use of all or part
of the property in connection with a wind power project.
(b) The term does not include a lot or parcel of real property
otherwise described in subsection (a) if the owner of the lot or
parcel consents to participate in a wind power project through a
neighbor agreement, a participation agreement, or another similar
arrangement or agreement with a project owner.
Sec. 4. (a) As used in this chapter, "permit authority" means:
(1) a unit; or
(2) a board, a commission, or any other governing body of a
unit;
that makes legislative or administrative decisions concerning the
permitting, construction, installation, siting, modification,
operation, or decommissioning of wind power devices in the unit.
(b) The term does not include:
(1) the state or any of its agencies, departments, boards,
commissions, authorities, or instrumentalities; or
(2) a court or other judicial body that reviews decisions or
rulings made by a permit authority.
Sec. 5. (a) As used in this chapter, "project owner" means a
person that:
(1) will own one (1) or more wind power devices proposed to
be located in a unit; or
(2) owns one (1) or more wind power devices located in a unit.
(b) The term includes an agent or a representative of a person
described in subsection (a).
(c) The term does not include an electricity supplier (as defined
in IC 8-1-2.3-2).
Sec. 6. (a) As used in this chapter, "unit" refers to:
(1) a county, if a project owner, as part of a single wind power
project or development, seeks to locate one (1) or more wind
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power devices:
(A) entirely within unincorporated areas of the county;
(B) within both unincorporated areas of the county and
one (1) or more municipalities within the county; or
(C) entirely within two (2) or more municipalities within
the county; or
(2) a municipality, if:
(A) a project owner, as part of a single wind power project
or development, seeks to locate one (1) or more wind
power devices entirely within the boundaries of the
municipality; and
(B) subdivision (1)(B) or (1)(C) does not apply.
(b) The term refers to:
(1) each county described in subsection (a)(1) in which a
project owner seeks to locate one (1) or more wind power
devices, if the project owner seeks to locate wind power
devices in more than one (1) county as part of a single wind
power project or development; and
(2) each municipality described in subsection (a)(2) in which
a project owner seeks to locate one (1) or more wind power
devices, if the project owner seeks to locate wind power
devices in two (2) or more municipalities, each of which is
located in a different county.
Sec. 7. As used in this chapter, "wind power device" means a
device, including a windmill or a wind turbine, that is designed to
use the kinetic energy of moving air to provide mechanical energy
or to produce electricity.
Sec. 8. As used in this chapter, "wind power regulation" refers
to any ordinance or regulation, including any:
(1) zoning or land use ordinance or regulation; or
(2) general or specific planning ordinance or regulation;
that is adopted by a unit and that concerns the permitting,
construction, installation, siting, modification, operation, or
decommissioning of wind power devices in the unit.
Sec. 9. (a) A permit authority for a unit described in section 1(a)
of this chapter is responsible for enforcing compliance with any
standards set forth in sections 10 through 16 of this chapter that
apply in the unit under section 1(a) of this chapter.
(b) A unit may:
(1) adopt and enforce a wind power regulation that includes
standards that:
(A) concern the permitting, construction, installation,
siting, modification, operation, or decommissioning of
wind power devices in the unit; and
(B) are less restrictive than the standards set forth in this
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chapter;
(2) waive or make less restrictive any standard set forth in
this chapter with respect to any particular:
(A) wind power device; or
(B) project to install one (1) or more wind power devices in
the unit; or
(3) waive or make less restrictive any standard that is not set
forth in this chapter but that is included in a wind power
regulation adopted by the unit with respect to any particular:
(A) wind power device; or
(B) project to install one (1) or more wind power devices in
the unit.
(c) This chapter does not affect a unit's planning and zoning
powers under IC 36-7 with respect to the permitting, construction,
installation, or siting of one (1) or more wind power devices in the
unit.
Sec. 10. (a) Subject to subsection (h), and except as otherwise
allowed by IC 36-7-4-1109, a project owner may not install or
locate a wind power device on property in a unit unless the
distance, measured as a straight line, from the vertical centerline
of the base of the wind power device to:
(1) the centerline of any:
(A) runway located on a public use airport, private use
airport, or municipal airport;
(B) public use highway, street, or road; or
(C) railroad easement or right-of-way; or
(2) the property line of any nonparticipating property;
is equal to a distance that is at least one and one-tenth (1.1) times
the wind power device's blade tip height, as measured from the
ground to the tip of the blade.
(b) Subject to subsection (h), and except as otherwise allowed by
IC 36-7-4-1109, a project owner may not install or locate a wind
power device on property in a unit unless the distance, measured
as a straight line, from the vertical centerline of the base of the
wind power device to the nearest point on the outer wall of a
dwelling located on a nonparticipating property is equal to a
distance that is at least three (3) times the wind power device's
blade tip height, as measured from the ground to the tip of the
blade.
(c) Except as otherwise allowed by IC 36-7-4-1109, a project
owner may not install or locate a wind power device on property
in a unit unless the distance, measured as a straight line, from the
vertical centerline of the base of the wind power device to the
nearest edge of the right-of-way for any utility transmission or
distribution line is equal to a distance that is at least one and
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two-tenths (1.2) times the wind power device's blade tip height, as
measured from the ground to the tip of the blade.
(d) Except as otherwise allowed by IC 36-7-4-1109, a project
owner may not install or locate a wind power device on property
in a unit unless the distance, measured as a straight line, from the
vertical centerline of the base of the wind power device to the
property line of any undeveloped land within the unit that is zoned
or platted for residential use is equal to a distance that is at least
two (2) times the wind power device's blade tip height, as measured
from the ground to the tip of the blade.
(e) Except as otherwise allowed by IC 36-7-4-1109, a project
owner may not install or locate a wind power device on property
in a unit unless the distance, measured as a straight line, from the
vertical centerline of the base of the wind power device to the
property line of a state park is equal to a distance of at least one (1)
mile.
(f) A project owner may not install or locate a wind power
device within a county unless the distance, measured as a straight
line, from the vertical centerline of the base of the wind power
device to the corporate boundaries of any municipality within the
county is equal to a distance of at least one (1) mile. However, a
municipality may waive or reduce the minimum distance
prescribed by this subsection with respect to the installation of one
(1) or more wind power devices.
(g) Except as otherwise allowed by IC 36-7-4-1109, a permit
authority, with respect to the permitting, construction, installation,
or siting of any wind power device within the unit, may not set a
blade tip height limitation, through a wind power regulation or
otherwise, that is more restrictive than the standards of the
Federal Aviation Administration under 14 CFR Part 77 concerning
the safe, efficient use and preservation of the navigable airspace.
(h) The distance requirements set forth in subsections (a)(2) and
(b) may be waived with respect to the siting of any one (1) wind
power device, subject to the written consent of the owner of each
affected nonparticipating property.
Sec. 11. (a) Subject to subsection (c), and except as otherwise
allowed by IC 36-7-4-1109, a project owner may not install or
locate one (1) or more wind power devices in a unit unless the
project owner demonstrates to the permit authority that with
respect to each wind power device that the project owner seeks to
install or locate in the unit:
(1) the project owner has used shadow flicker computer
modeling to estimate the amount of shadow flicker anticipated
to be caused by the wind power device; and
(2) the wind power device has been designed such that
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industry standard computer modeling indicates that any
dwelling on a nonparticipating property within the unit will
not experience more than thirty (30) hours per year of shadow
flicker under planned operating conditions for the wind
power device.
(b) After a project owner installs or locates a wind power device
in a unit, the project owner shall work with the owner of any
affected dwelling on a nonparticipating property to mitigate the
effects of shadow flicker to the extent reasonably practicable.
(c) The requirement set forth in subsection (a)(2) may be waived
with respect to any one (1) wind power device, subject to the
written consent of the owner of each affected nonparticipating
property.
Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, a wind
power device installed in a unit must be installed in a manner so as
to minimize and mitigate impacts to:
(1) television signals;
(2) microwave signals;
(3) agricultural global positioning systems;
(4) military defense radar;
(5) radio reception; or
(6) weather and doppler radar.
Sec. 13. (a) Subject to subsection (b), and except as otherwise
allowed by IC 36-7-4-1109, a project owner may not install or
locate a wind power device in a unit unless the project owner
demonstrates to the permit authority that the wind power device
will operate in a manner such that the sound attributable to the
wind power device will not exceed an hourly average sound level
of fifty (50) A-weighted decibels, as modeled at the outer wall of an
affected dwelling.
(b) The requirement set forth in subsection (a) may be waived
with respect to any one (1) wind power device, subject to the
written consent of the owner of each affected property.
Sec. 14. (a) As used in this section, "wind turbine light
mitigation technology" means any technology used in connection
with a wind power device to shield, limit, or otherwise mitigate the
amount, intensity, character, or visibility of light emitted from the
wind power device.
(b) Except as otherwise allowed by IC 36-7-4-1109, after
January 1, 2023, and to the extent permissible under federal law or
regulations, a wind power device on property in a unit must be
equipped with a wind turbine light mitigation technology, unless:
(1) the Federal Aviation Administration denies the project
owner's application to use a wind turbine light mitigation
technology;
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(2) the wind turbine light mitigation technology application is
pending review by the appropriate federal agencies; or
(3) the project owner determines that the use of a wind
turbine light mitigation technology is not economically
feasible.
Sec. 15. This section applies with respect to a wind power device
that is constructed or installed in a unit after June 30, 2022. Except
as otherwise allowed by IC 36-7-4-1109, all damages to waterways,
drainage ditches, field tiles, or other drainage related
infrastructure caused by the construction, installation, or
maintenance of a wind power device must be completely repaired
by the project owner or remedied with the installation of new
drainage infrastructure so as to not impede the natural flow of
water. All repairs must be completed within a reasonable period of
time and:
(1) to the satisfaction of the unit; and
(2) as stated in an applicable lease or another agreement with
the landowner;
subject to applicable federal, state, and local drainage laws and
regulations.
Sec. 16. (a) Subject to subsection (b), and except as otherwise
allowed by IC 36-7-4-1109, a project owner may not install or
locate a wind power device in a unit unless the project owner
submits to the permit authority a decommissioning and site
restoration plan, and posts a surety bond, or an equivalent means
of security acceptable to the permit authority, including a parent
company guarantee or an irrevocable letter of credit, but excluding
cash, in an amount equal to the estimated cost of decommissioning
the wind power device, as calculated by a third party licensed or
registered engineer, or by another person with suitable experience
in the decommissioning of wind power devices, as agreed upon by
the project owner and the permit authority. The required bond or
other security shall be posted in increments such that the total
amount of the bond or security posted is as follows:
(1) An amount equal to twenty-five percent (25%) of the total
estimated decommissioning costs not later than the start date
of the wind power device's full commercial operation. For
purposes of this subdivision, the total estimated
decommissioning costs shall be reevaluated by a third party
licensed or registered engineer (or by another person with
suitable experience in the decommissioning of wind power
devices, as agreed upon by the project owner and the permit
authority) in connection with the:
(A) fifth anniversary; and
(B) tenth anniversary;
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of the start date of the wind power device's full commercial
operation, and the total amount of the bond or security posted
under this subdivision shall be adjusted as necessary after
each reevaluation.
(2) An amount equal to fifty percent (50%) of the total
estimated decommissioning costs not later than the fifteenth
anniversary of the start date of the wind power device's full
commercial operation. For purposes of this subdivision, the
total estimated decommissioning costs shall be reevaluated by
a third party licensed or registered engineer (or by another
person with suitable experience in the decommissioning of
wind power devices, as agreed upon by the project owner and
the permit authority) in connection with the fifteenth
anniversary of the start date of the wind power device's full
commercial operation, and the total amount of the bond or
security posted under this subdivision shall be adjusted as
necessary after the reevaluation.
(3) An amount equal to one hundred percent (100%) of the
total estimated decommissioning costs not later than the
twentieth anniversary of the start date of the wind power
device's full commercial operation. For purposes of this
subdivision, the total estimated decommissioning costs shall
be reevaluated by a third party licensed or registered
engineer (or by another person with suitable experience in the
decommissioning of wind power devices, as agreed upon by
the project owner and the permit authority):
(A) in connection with the twentieth anniversary of the
start date of the wind power device's full commercial
operation; and
(B) at least once every succeeding five (5) year period after
the twentieth anniversary of the start date of the wind
power device's full commercial operation;
and the total amount of the bond or security posted under this
subdivision shall be adjusted as necessary after each
reevaluation.
(b) For purposes of this section, the estimated cost of
decommissioning a wind power device, as calculated by a licensed
or registered professional engineer (or by another person with
suitable experience in the decommissioning of wind power devices,
as agreed upon by the project owner and the permit authority),
shall be net of any estimated salvage value attributable to the wind
power device at the time of decommissioning, unless the unit and
the project owner agree to include any such value in the estimated
cost.
SECTION 2. IC 8-1-42 IS ADDED TO THE INDIANA CODE AS
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A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]:
Chapter 42. Default Standards for Commercial Solar Energy
Systems
Sec. 1. (a) Except as provided in subsections (b) and (c), and
subject to IC 36-7-4-1109 and section 9 of this chapter, the
standards set forth in sections 10 through 20 of this chapter, or
standards less restrictive than the standards set forth in sections 10
through 20 of this chapter, apply to a project owner that, after
June 30, 2022, files an initial application for a project to install or
locate one (1) or more CSE systems in a unit that qualifies as a
solar energy ready community under subsection (d).
(b) Subject to a unit's planning and zoning powers under
IC 36-7, this chapter does not apply to a property owner who seeks
to install a solar energy device (as defined in IC 32-23-4-3) on the
property owner's premises for the purpose of generating electricity
to meet or offset all or part of the need for electricity on the
premises, whether through distributed generation, participation in
a net metering program offered by an electricity supplier (as
defined in IC 8-1-40-4), or otherwise.
(c) Unless a standard set forth in sections 10 through 20 of this
chapter is already agreed to before July 1, 2022, by the parties
involved, the standard does not:
(1) apply to any proposal, request, or application that:
(A) concerns the permitting, construction, installation,
siting, modification, operation, or decommissioning of one
(1) or more CSE systems in a unit;
(B) is submitted by a project owner to a unit before July 1,
2022; and
(C) is pending approval or has been approved as of July 1,
2022;
as set forth in IC 36-7-4-1109;
(2) affect the:
(A) permitting;
(B) construction;
(C) installation;
(D) siting;
(E) modification;
(F) operation; or
(G) decommissioning;
of one (1) or more CSE systems in a unit that before July 1,
2022, has approved such permitting, construction,
installation, siting, modification, operation, or
decommissioning; or
(3) affect any:
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(A) economic development agreement; or
(B) other agreement;
entered into before July 1, 2022, with respect to the
permitting, construction, installation, siting, modification,
operation, or decommissioning of one (1) or more CSE
systems in one (1) or more units.
(d) As used in this section, "solar energy ready community"
means a unit that has voluntarily adopted:
(1) the standards set forth in sections 10 through 20 of this
chapter; or
(2) standards less restrictive than the standards set forth in
sections 10 through 20 of this chapter.
Sec. 2. (a) As used in this chapter, "commercial solar energy
system", or "CSE system", means a system that:
(1) has a nameplate capacity of at least ten (10) megawatts;
and
(2) captures and converts solar energy into electricity:
(A) for the purpose of selling the electricity at wholesale;
and
(B) for use in locations other than where it is generated.
(b) The term includes solar panels, collection and feeder lines,
generation tie lines, substations, ancillary buildings, solar
monitoring stations, and accessory equipment or structures.
Sec. 3. As used in this chapter, "commercial solar regulation"
refers to any ordinance or regulation, including any:
(1) zoning or land use ordinance or regulation; or
(2) general or specific planning ordinance or regulation;
that is adopted by a unit and that concerns the permitting,
construction, installation, siting, modification, operation, or
decommissioning of CSE systems in the unit.
Sec. 4. As used in this chapter, "dwelling" means any building,
structure, or part of a building or structure that is occupied as, or
is designed or intended for occupancy as, a residence by one (1) or
more families or individuals.
Sec. 5. (a) As used in this chapter, "nonparticipating property"
means a lot or parcel of real property:
(1) that is not owned by a project owner; and
(2) with respect to which:
(A) the project owner does not seek:
(i) to install or locate one (1) or more CSE systems or
other facilities related to a CSE system project (including
power lines, temporary or permanent access roads, or
other temporary or permanent infrastructure); or
(ii) to otherwise enter into a lease or any other
agreement with the owner of the property for use of all
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or part of the property in connection with a CSE system
project; or
(B) the owner of the property does not consent:
(i) to having one (1) or more CSE systems or other
facilities related to a CSE system project (including
power lines, temporary or permanent access roads, or
other temporary or permanent infrastructure) installed
or located; or
(ii) to otherwise enter into a lease or any other
agreement with the project owner for use of all or part
of the property in connection with a CSE system project.
(b) The term does not include a lot or parcel of real property
otherwise described in subsection (a) if the owner of the lot or
parcel consents to participate in a CSE system project through a
neighbor agreement, a participation agreement, or another similar
arrangement or agreement with a project owner.
Sec. 6. (a) As used in this chapter, "permit authority" means:
(1) a unit; or
(2) a board, a commission, or any other governing body of a
unit;
that makes legislative or administrative decisions concerning the
permitting, construction, installation, siting, modification,
operation, or decommissioning of CSE systems in the unit.
(b) The term does not include:
(1) the state or any of its agencies, departments, boards,
commissions, authorities, or instrumentalities; or
(2) a court or other judicial body that reviews decisions or
rulings made by a permit authority.
Sec. 7. (a) As used in this chapter, "project owner" means a
person that:
(1) will own one (1) or more CSE systems proposed to be
located in a unit; or
(2) owns one (1) or more CSE systems located in a unit.
(b) The term includes an agent or a representative of a person
described in subsection (a).
(c) The term does not include an electricity supplier (as defined
in IC 8-1-2.3-2).
Sec. 8. (a) As used in this chapter, "unit" refers to:
(1) a county, if a project owner, as part of a single CSE system
project or development, seeks to locate one (1) or more CSE
systems:
(A) entirely within unincorporated areas of the county;
(B) within both unincorporated areas of the county and
one (1) or more municipalities within the county; or
(C) entirely within two (2) or more municipalities within
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the county; or
(2) a municipality, if:
(A) a project owner, as part of a single CSE system project
or development, seeks to locate one (1) or more CSE
systems entirely within the boundaries of the municipality;
and
(B) subdivision (1)(B) or (1)(C) does not apply.
(b) The term refers to:
(1) each county described in subsection (a)(1) in which a
project owner seeks to locate one (1) or more CSE systems, if
the project owner seeks to locate CSE systems in more than
one (1) county as part of a single CSE system project or
development; and
(2) each municipality described in subsection (a)(2) in which
a project owner seeks to locate one (1) or more CSE systems,
if the project owner seeks to locate CSE systems in two (2) or
more municipalities, each of which is located in a different
county.
Sec. 9. (a) A permit authority for a unit described in section 1(a)
of this chapter is responsible for enforcing compliance with any
standards set forth in sections 10 through 20 of this chapter that
apply in the unit under section 1(a) of this chapter.
(b) A unit may:
(1) adopt and enforce a commercial solar regulation that
includes standards that:
(A) concern the permitting, construction, installation,
siting, modification, operation, or decommissioning of CSE
systems in the unit; and
(B) are less restrictive than the standards set forth in this
chapter;
(2) waive or make less restrictive any standard set forth in
this chapter with respect to any particular:
(A) CSE system; or
(B) project to install one (1) or more CSE systems in the
unit; or
(3) waive or make less restrictive any standard that is not set
forth in this chapter but that is included in a commercial solar
regulation adopted by the unit with respect to any particular:
(A) CSE system; or
(B) project to install one (1) or more CSE systems in the
unit.
(c) This chapter does not affect a unit's planning and zoning
powers under IC 36-7 with respect to the permitting, construction,
installation, or siting of one (1) or more CSE systems in the unit.
Sec. 10. (a) Subject to subsection (e), and except as otherwise
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allowed by IC 36-7-4-1109, a project owner may not install or
locate a CSE system on property in a unit unless the distance,
measured as a straight line, from the nearest outer edge of the CSE
system's solar panels to:
(1) the nearest edge of the right-of-way for any:
(A) federal interstate highway, federal highway, state
highway, or county highway is at least forty (40) feet;
(B) collector road is at least thirty (30) feet; or
(C) local road is at least ten (10) feet; or
(2) the property line of any nonparticipating property is at
least fifty (50) feet.
(b) Subject to subsection (e), and except as otherwise allowed by
IC 36-7-4-1109, a project owner may not install or locate a CSE
system on property in a unit unless the distance, measured as a
straight line, from the nearest outer edge of the CSE system's solar
panels to the nearest point on the outer wall of a dwelling located
on a nonparticipating property is at least two hundred fifty (250)
feet.
(c) Subject to subsection (e), and except as otherwise allowed by
IC 36-7-4-1109, if a project owner installs a CSE system within a
distance of two hundred fifty (250) feet, measured as a straight
line, from the nearest outer edge of the CSE system's solar panels
to the nearest point on the outer wall of a dwelling located on a
nonparticipating property, the project owner shall install a
landscape buffer in the area between the nearest outer edge of the
CSE system's solar panels and the nonparticipating property
owner's property line that faces the CSE system's solar panels. The
landscape buffer must be:
(1) in a location that is not on the property of the
nonparticipating property owner; and
(2) constructed from such materials;
as set forth in a plan submitted to the unit during the permitting
and approval process for the CSE system.
(d) Except as otherwise allowed by IC 36-7-4-1109, a project
owner may not install or locate a CSE system on property in a unit
unless the height of the CSE system solar panels are not more than
twenty-five (25) feet above ground level when the CSE system's
arrays are at full tilt. However, a permit authority or a unit may
not impose a clearance requirement between the ground and the
bottom edge of a CSE system's solar panels.
(e) The:
(1) distance requirements set forth in subsection (a)(2) and
subsection (b); and
(2) requirement for the installation of a landscape buffer set
forth in subsection (c);
SEA 411 — Concur 15
may be waived with respect to the siting of any one (1) CSE system,
subject to the written consent of the owner of each affected
nonparticipating property.
Sec. 11. Except as otherwise allowed by IC 36-7-4-1109, if a
project owner installs a CSE system in a unit, the project owner
shall plant, establish, and maintain for the life of the CSE system
perennial vegetated ground cover on the ground around and under
solar panels, and in project site buffer areas. The use of pollinator
seed mixes in the planting of ground cover required by this section
is encouraged. A unit or permit authority may require a project
owner to prepare for a project site a vegetation plan that:
(1) is compatible with each CSE system on the project site;
(2) provides for the planting of noninvasive species and the
use of native or naturalized species if the planting and use of
noninvasive and native or naturalized species are:
(A) appropriate to the region;
(B) economically feasible; and
(C) agreed to by the landowner;
in order to reduce storm water runoff and erosion at the site
and to provide habitat for wildlife and insects; and
(3) provides for site preparation and maintenance practices
designed to control invasive species and noxious weeds (as
defined in IC 15-16-7-2).
Sec. 12. Except as otherwise allowed by IC 36-7-4-1109, if a
project owner installs a CSE system in a unit, the project owner
shall completely enclose the CSE system with fencing that is at
least six (6) feet high.
Sec. 13. Except as otherwise allowed by IC 36-7-4-1109, if a
project owner installs a CSE system in a unit, all cables of up to
thirty-four and one-half (34.5) kilovolts that are located between
inverter locations and project substations shall be located and
maintained underground, as feasible. Other solar infrastructure,
such as module-to-module collection cables, transmission lines,
substations, junction boxes, and other typical aboveground
infrastructure may be located and maintained above ground.
Buried cables shall be at a depth of at least thirty-six (36) inches
below grade or, if necessitated by onsite conditions, at a greater
depth. Cables and lines located outside of the CSE system project
site may:
(1) be located above ground; or
(2) in the case of cables or lines of up to thirty-four and
one-half (34.5) kilovolts, be buried underground at:
(A) a depth of at least forty-eight (48) inches below grade,
so as to not interfere with drainage tile or ditch repairs; or
(B) another depth, as necessitated by conditions;
SEA 411 — Concur 16
as determined in consultation with the landowner.
Sec. 14. Except as otherwise allowed by IC 36-7-4-1109, a CSE
system installed by a project owner must be designed and
constructed to:
(1) minimize glare on adjacent properties and roadways; and
(2) not interfere with vehicular traffic, including air traffic.
Sec. 15. Except as otherwise allowed by IC 36-7-4-1109, a CSE
system installed in a unit must be installed in a manner so as to
minimize and mitigate impacts to:
(1) television signals;
(2) microwave signals;
(3) agricultural global positioning systems;
(4) military defense radar;
(5) radio reception; or
(6) weather and doppler radar.
Sec. 16. (a) Subject to subsection (b), and except as otherwise
allowed by IC 36-7-4-1109, a project owner may not install or
locate a CSE system in a unit unless the project owner
demonstrates to the permit authority that the CSE system will
operate in a manner such that the sound attributable to the CSE
system will not exceed an hourly average sound level of fifty (50)
A-weighted decibels, as modeled at the outer wall of a dwelling
located on an adjacent nonparticipating property.
(b) The requirement set forth in subsection (a) may be waived
with respect to any one (1) CSE system, subject to the written
consent of the owner of each adjacent nonparticipating property.
Sec. 17. This section applies with respect to a CSE system that
is constructed or installed in a unit after June 30, 2022. Except as
otherwise allowed by IC 36-7-4-1109, all damages to waterways,
drainage ditches, field tiles, or other drainage related
infrastructure caused by the construction, installation, or
maintenance of a CSE system must be completely repaired by the
project owner or remedied with the installation of new drainage
infrastructure so as to not impede the natural flow of water. All
repairs must be completed within a reasonable period of time and:
(1) to the satisfaction of the unit; and
(2) as stated in an applicable lease or another agreement with
the landowner;
subject to applicable federal, state, and local drainage laws and
regulations.
Sec. 18. (a) Subject to subsection (b), and except as otherwise
allowed by IC 36-7-4-1109, a project owner may not install or
locate a CSE system in a unit unless the project owner submits to
the permit authority a decommissioning and site restoration plan,
and posts a surety bond, or an equivalent means of security
SEA 411 — Concur 17
acceptable to the permit authority, including a parent company
guarantee or an irrevocable letter of credit, but excluding cash, in
an amount equal to the estimated cost of decommissioning the CSE
system, as calculated by a third party licensed or registered
engineer or by another person with suitable experience in the
decommissioning of CSE systems, as agreed upon by the project
owner and the permit authority. The required bond or other
security shall be posted in increments such that the total amount of
the bond or security posted is as follows:
(1) An amount equal to twenty-five percent (25%) of the total
estimated decommissioning costs not later than the start date
of the CSE system's full commercial operation.
(2) An amount equal to fifty percent (50%) of the total
estimated decommissioning costs not later than the fifth
anniversary of the start date of the CSE system's full
commercial operation.
(3) An amount equal to one hundred percent (100%) of the
total estimated decommissioning costs not later than the tenth
anniversary of the start date of the CSE system's full
commercial operation. For purposes of this subdivision, the
total estimated decommissioning costs shall be reevaluated by
a third party licensed or registered engineer (or by another
person with suitable experience in the decommissioning of
CSE systems, as agreed upon by the project owner and the
permit authority):
(A) in connection with the tenth anniversary of the start
date of the CSE system's full commercial operation; and
(B) at least once every succeeding five (5) year period after
the tenth anniversary of the start date of the CSE system's
full commercial operation;
and the total amount of the bond or security posted under this
subdivision shall be adjusted as necessary after each
reevaluation.
(b) For purposes of this section, the estimated cost of
decommissioning a CSE system, as calculated by a licensed or
registered professional engineer (or by another person with
suitable experience in the decommissioning of CSE systems, as
agreed upon by the project owner and the permit authority), shall
be net of any estimated salvage value attributable to the CSE
system at the time of decommissioning, unless the unit and the
project owner agree to include any such value in the estimated cost.
(c) A project owner shall provide to the permit authority
written notice of the project owner's intent to decommission a CSE
system not later than sixty (60) days before the discontinuation of
commercial operation by the CSE system. Except as provided in
SEA 411 — Concur 18
subsection (e), after the discontinuation of commercial operation
by the CSE system, and as part of the decommissioning process:
(1) all structures, foundations, roads, gravel areas, and cables
associated with the project shall be removed to a depth of at
least thirty-six (36) inches below grade; and
(2) the ground shall be restored to a condition reasonably
similar to its condition before the start of construction
activities in connection with the CSE system project.
(d) Except as provided in subsection (e), if the project owner
fails to remove all CSE system project assets not later than one (1)
year after the proposed date of final decommissioning, as set forth
in the notice to the permit authority under subsection (c), the
permit authority may engage qualified contractors to:
(1) enter the project site;
(2) remove the CSE system project assets;
(3) sell any assets removed; and
(4) remediate the site;
and may initiate proceedings to recover any costs incurred.
(e) Project assets may remain in place after decommissioning is
complete if:
(1) the location and condition of the assets conform with local
regulations at the time of decommissioning; and
(2) the written consent of the landowner is obtained.
Sec. 19. (a) If a CSE system installed in a unit does not generate
electricity for eighteen (18) consecutive months:
(1) the CSE system is considered abandoned as of the date
that is five hundred forty (540) days after the date on which
the CSE system last generated electricity; and
(2) all CSE system project assets shall be removed in
accordance with section 18(c) of this chapter not later than
one (1) year after the date of abandonment specified in
subdivision (1).
(b) In the case of abandonment, as described in subsection (a),
if the project owner fails to remove the CSE system project assets
not later than one (1) year after the date of abandonment, as
required by subsection (a)(2), the permit authority may engage
qualified contractors to:
(1) enter the project site;
(2) remove the CSE system project assets;
(3) sell any assets removed; and
(4) remediate the site;
and may initiate proceedings to recover any costs incurred.
Sec. 20. (a) As used in this section, "force majeure event"
includes the following:
(1) Fire, flood, tornado, or other natural disasters or acts of
SEA 411 — Concur 19
God.
(2) War, civil strife, a terrorist attack, or other similar acts of
violence.
(3) Other unforeseen events or events over which a project
owner has no control.
(b) If a force majeure event results in a CSE system not
generating electricity, the project owner shall:
(1) as soon as practicable after the occurrence of the force
majeure event, provide notice to the permit authority of the
event and of the resulting cessation of generating operations;
and
(2) demonstrate to the permit authority that the CSE system
will be substantially operational and generating electricity not
later than twelve (12) months after the occurrence of the force
majeure event.
(c) If the CSE system does not become substantially operational
and resume generating electricity within the time set forth in
subsection (b)(2):
(1) the CSE system is considered abandoned as of the date
that is three hundred sixty-five (365) days after the date on
which the CSE system last generated electricity, unless the
project owner demonstrates to the permit authority that the
project owner is using all commercially reasonable efforts to
resume generation; and
(2) all CSE system project assets shall be removed in
accordance with section 18(c) of this chapter not later than
one (1) year after the date of abandonment specified in
subdivision (1).
(d) In the case of presumed abandonment, as described in
subsection (c), if the project owner fails to remove the CSE system
project assets not later than one (1) year after the date of
abandonment, as required by subsection (c)(2), the permit
authority may engage qualified contractors to:
(1) enter the project site;
(2) remove the CSE system project assets;
(3) sell any assets removed; and
(4) remediate the site;
and may initiate proceedings to recover any costs incurred.
SEA 411 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 411 — Concur