| Old | New | Differences | |
|---|---|---|---|
| 1 | + | *ES0390.2* | |
| 2 | + | Reprinted | |
| 3 | + | March 28, 2023 | |
| 4 | + | ENGROSSED | |
| 5 | + | SENATE BILL No. 390 | |
| 6 | + | _____ | |
| 7 | + | DIGEST OF SB 390 (Updated March 27, 2023 3:16 pm - DI 92) | |
| 8 | + | Citations Affected: IC 4-3. | |
| 9 | + | Synopsis: Commercial solar and wind energy ready communities. | |
| 10 | + | Provides that the commercial solar and wind energy ready communities | |
| 11 | + | development center (center) may be established within the Indiana | |
| 12 | + | office of energy development (office). Provides that the center, if | |
| 13 | + | established, shall: (1) provide comprehensive, easily accessible | |
| 14 | + | information concerning permits required for commercial solar projects | |
| 15 | + | and wind power projects; and (2) work with permit authorities | |
| 16 | + | (Continued next page) | |
| 17 | + | Effective: July 1, 2023. | |
| 18 | + | Messmer, Koch, Randolph Lonnie M | |
| 19 | + | (HOUSE SPONSORS — SOLIDAY, BARTELS, HAMILTON) | |
| 20 | + | January 19, 2023, read first time and referred to Committee on Appropriations. | |
| 21 | + | February 23, 2023, amended, reported favorably — Do Pass. | |
| 22 | + | February 27, 2023, read second time, amended, ordered engrossed. | |
| 23 | + | February 28, 2023, engrossed. Read third time, passed. Yeas 36, nays 12. | |
| 24 | + | HOUSE ACTION | |
| 25 | + | March 6, 2023, read first time and referred to Committee on Utilities, Energy and | |
| 26 | + | Telecommunications. | |
| 27 | + | March 21, 2023, reported — Do Pass. | |
| 28 | + | March 27, 2023, read second time, amended, ordered engrossed. | |
| 29 | + | ES 390—LS 7438/DI 55 Digest Continued | |
| 30 | + | concerning those projects. Requires the center to create and administer | |
| 31 | + | a program to certify counties and municipalities as commercial solar | |
| 32 | + | energy ready communities and wind energy ready communities. | |
| 33 | + | Requires the office to certify a county or municipality as a commercial | |
| 34 | + | solar energy ready community or a wind energy ready community if the | |
| 35 | + | county or municipality meets certain requirements, including the | |
| 36 | + | adoption of a commercial solar regulation or wind power regulation | |
| 37 | + | that includes standards that are not more restrictive than the default | |
| 38 | + | standards established by Indiana law. Provides that a commercial solar | |
| 39 | + | and wind energy ready communities incentive fund (fund) may be | |
| 40 | + | established by the office. Provides that if: (1) a county or municipality | |
| 41 | + | receives certification as a commercial solar energy ready community | |
| 42 | + | or a wind energy ready community; (2) a project owner constructs a | |
| 43 | + | commercial solar project or wind power project in the county or | |
| 44 | + | municipality; (3) the fund is established; and (4) there is a sufficient | |
| 45 | + | balance in the fund; the office may authorize the county or municipality | |
| 46 | + | to receive from the fund, for a period of 10 years, $1 per megawatt hour | |
| 47 | + | of electricity generated by the commercial solar project or wind power | |
| 48 | + | project. | |
| 49 | + | ES 390—LS 7438/DI 55ES 390—LS 7438/DI 55 Reprinted | |
| 50 | + | March 28, 2023 | |
| 1 | 51 | First Regular Session of the 123rd General Assembly (2023) | |
| 2 | 52 | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana | |
| 3 | 53 | Constitution) is being amended, the text of the existing provision will appear in this style type, | |
| 4 | 54 | additions will appear in this style type, and deletions will appear in this style type. | |
| 5 | 55 | Additions: Whenever a new statutory provision is being enacted (or a new constitutional | |
| 6 | 56 | provision adopted), the text of the new provision will appear in this style type. Also, the | |
| 7 | 57 | word NEW will appear in that style type in the introductory clause of each SECTION that adds | |
| 8 | 58 | a new provision to the Indiana Code or the Indiana Constitution. | |
| 9 | 59 | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts | |
| 10 | 60 | between statutes enacted by the 2022 Regular Session of the General Assembly. | |
| 11 | - | SENATE ENROLLED ACT No. 390 | |
| 12 | - | AN ACT to amend the Indiana Code concerning utilities. | |
| 61 | + | ENGROSSED | |
| 62 | + | SENATE BILL No. 390 | |
| 63 | + | A BILL FOR AN ACT to amend the Indiana Code concerning | |
| 64 | + | utilities. | |
| 13 | 65 | Be it enacted by the General Assembly of the State of Indiana: | |
| 14 | - | SECTION 1. IC 4-3-23.1 IS ADDED TO THE INDIANA CODE | |
| 15 | - | AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE | |
| 16 | - | JULY 1, 2023]: | |
| 17 | - | Chapter 23.1. Commercial Solar and Wind Energy Ready | |
| 18 | - | Communities | |
| 19 | - | Sec. 1. As used in this chapter, "center" refers to the | |
| 20 | - | commercial solar and wind energy ready communities | |
| 21 | - | development center that may be established under section 12 of | |
| 22 | - | this chapter. | |
| 23 | - | Sec. 2. As used in this chapter, "commercial solar project" | |
| 24 | - | means a project involving the construction, installation, siting, | |
| 25 | - | modification, operation, or decommissioning of one (1) or more | |
| 26 | - | commercial solar energy systems (as defined in IC 8-1-42-2) in a | |
| 27 | - | unit. | |
| 28 | - | Sec. 3. As used in this chapter, "commercial solar regulation" | |
| 29 | - | has the meaning set forth in IC 8-1-42-3. | |
| 30 | - | Sec. 4. As used in this chapter, "fund" refers to the commercial | |
| 31 | - | solar and wind energy ready communities incentive fund described | |
| 32 | - | in section 16 of this chapter. | |
| 33 | - | Sec. 5. As used in this chapter, "office" refers to the Indiana | |
| 34 | - | office of energy development established by IC 4-3-23-3. | |
| 35 | - | Sec. 6. As used in this chapter, "permit", with respect to a | |
| 36 | - | project, means any state or local permit, license, certificate, | |
| 37 | - | approval, registration, or similar form of approval required by | |
| 38 | - | SEA 390 — Concur 2 | |
| 39 | - | statute, administrative rule, regulation (including a commercial | |
| 40 | - | solar regulation or a wind power regulation), ordinance, or | |
| 41 | - | resolution. | |
| 42 | - | Sec. 6.5. As used in this chapter, "permit authority" has the | |
| 43 | - | meaning set forth in: | |
| 44 | - | (1) IC 8-1-41-4, in the case of a wind power project; or | |
| 45 | - | (2) IC 8-1-42-6, in the case of a commercial solar project. | |
| 46 | - | Sec. 7. As used in this chapter, "project" refers to: | |
| 47 | - | (1) a wind power project; or | |
| 48 | - | (2) a commercial solar project. | |
| 49 | - | Sec. 8. As used in this chapter, "project owner" has the meaning | |
| 50 | - | set forth in: | |
| 51 | - | (1) IC 8-1-41-5, in the case of a wind power project; or | |
| 52 | - | (2) IC 8-1-42-7, in the case of a commercial solar project. | |
| 53 | - | Sec. 9. As used in this chapter, "unit" means a county or a | |
| 54 | - | municipality, as specified in: | |
| 55 | - | (1) IC 8-1-41-6, in the case of a wind power project; or | |
| 56 | - | (2) IC 8-1-42-8, in the case of a commercial solar project. | |
| 57 | - | Sec. 10. As used in this chapter, "wind power project" means a | |
| 58 | - | project involving the construction, installation, siting, modification, | |
| 59 | - | operation, or decommissioning of one (1) or more wind power | |
| 60 | - | devices (as defined in IC 8-1-41-7) in a unit. | |
| 61 | - | Sec. 11. As used in this chapter, "wind power regulation" has | |
| 62 | - | the meaning set forth in IC 8-1-41-8. | |
| 63 | - | Sec. 12. (a) The commercial solar and wind energy ready | |
| 64 | - | communities development center may be established within the | |
| 65 | - | office. If established, the center shall have the following duties: | |
| 66 | - | (1) Providing comprehensive information concerning permits | |
| 67 | - | required for projects and related business activities in | |
| 68 | - | Indiana, and making the information available and easily | |
| 69 | - | accessible to: | |
| 70 | - | (A) project owners; | |
| 71 | - | (B) state and local government offices, departments, and | |
| 72 | - | administrative entities; and | |
| 73 | - | (C) the public. | |
| 74 | - | (2) Working with permit authorities to encourage the timely | |
| 75 | - | and efficient issuance of permits and the resolution of related | |
| 76 | - | issues. | |
| 77 | - | (b) The center, if established, may create and administer: | |
| 66 | + | 1 SECTION 1. IC 4-3-23.1 IS ADDED TO THE INDIANA CODE | |
| 67 | + | 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE | |
| 68 | + | 3 JULY 1, 2023]: | |
| 69 | + | 4 Chapter 23.1. Commercial Solar and Wind Energy Ready | |
| 70 | + | 5 Communities | |
| 71 | + | 6 Sec. 1. As used in this chapter, "center" refers to the | |
| 72 | + | 7 commercial solar and wind energy ready communities | |
| 73 | + | 8 development center that may be established under section 12 of | |
| 74 | + | 9 this chapter. | |
| 75 | + | 10 Sec. 2. As used in this chapter, "commercial solar project" | |
| 76 | + | 11 means a project involving the construction, installation, siting, | |
| 77 | + | 12 modification, operation, or decommissioning of one (1) or more | |
| 78 | + | 13 commercial solar energy systems (as defined in IC 8-1-42-2) in a | |
| 79 | + | 14 unit. | |
| 80 | + | 15 Sec. 3. As used in this chapter, "commercial solar regulation" | |
| 81 | + | ES 390—LS 7438/DI 55 2 | |
| 82 | + | 1 has the meaning set forth in IC 8-1-42-3. | |
| 83 | + | 2 Sec. 4. As used in this chapter, "fund" refers to the commercial | |
| 84 | + | 3 solar and wind energy ready communities incentive fund described | |
| 85 | + | 4 in section 16 of this chapter. | |
| 86 | + | 5 Sec. 5. As used in this chapter, "office" refers to the Indiana | |
| 87 | + | 6 office of energy development established by IC 4-3-23-3. | |
| 88 | + | 7 Sec. 6. As used in this chapter, "permit", with respect to a | |
| 89 | + | 8 project, means any state or local permit, license, certificate, | |
| 90 | + | 9 approval, registration, or similar form of approval required by | |
| 91 | + | 10 statute, administrative rule, regulation (including a commercial | |
| 92 | + | 11 solar regulation or a wind power regulation), ordinance, or | |
| 93 | + | 12 resolution. | |
| 94 | + | 13 Sec. 6.5. As used in this chapter, "permit authority" has the | |
| 95 | + | 14 meaning set forth in: | |
| 96 | + | 15 (1) IC 8-1-41-4, in the case of a wind power project; or | |
| 97 | + | 16 (2) IC 8-1-42-6, in the case of a commercial solar project. | |
| 98 | + | 17 Sec. 7. As used in this chapter, "project" refers to: | |
| 99 | + | 18 (1) a wind power project; or | |
| 100 | + | 19 (2) a commercial solar project. | |
| 101 | + | 20 Sec. 8. As used in this chapter, "project owner" has the meaning | |
| 102 | + | 21 set forth in: | |
| 103 | + | 22 (1) IC 8-1-41-5, in the case of a wind power project; or | |
| 104 | + | 23 (2) IC 8-1-42-7, in the case of a commercial solar project. | |
| 105 | + | 24 Sec. 9. As used in this chapter, "unit" means a county or a | |
| 106 | + | 25 municipality, as specified in: | |
| 107 | + | 26 (1) IC 8-1-41-6, in the case of a wind power project; or | |
| 108 | + | 27 (2) IC 8-1-42-8, in the case of a commercial solar project. | |
| 109 | + | 28 Sec. 10. As used in this chapter, "wind power project" means a | |
| 110 | + | 29 project involving the construction, installation, siting, modification, | |
| 111 | + | 30 operation, or decommissioning of one (1) or more wind power | |
| 112 | + | 31 devices (as defined in IC 8-1-41-7) in a unit. | |
| 113 | + | 32 Sec. 11. As used in this chapter, "wind power regulation" has | |
| 114 | + | 33 the meaning set forth in IC 8-1-41-8. | |
| 115 | + | 34 Sec. 12. (a) The commercial solar and wind energy ready | |
| 116 | + | 35 communities development center may be established within the | |
| 117 | + | 36 office. If established, the center shall have the following duties: | |
| 118 | + | 37 (1) Providing comprehensive information concerning permits | |
| 119 | + | 38 required for projects and related business activities in | |
| 120 | + | 39 Indiana, and making the information available and easily | |
| 121 | + | 40 accessible to: | |
| 122 | + | 41 (A) project owners; | |
| 123 | + | 42 (B) state and local government offices, departments, and | |
| 124 | + | ES 390—LS 7438/DI 55 3 | |
| 125 | + | 1 administrative entities; and | |
| 126 | + | 2 (C) the public. | |
| 127 | + | 3 (2) Working with permit authorities to encourage the timely | |
| 128 | + | 4 and efficient issuance of permits and the resolution of related | |
| 129 | + | 5 issues. | |
| 130 | + | 6 (b) The center, if established, may create and administer: | |
| 131 | + | 7 (1) a program for the certification of units as commercial | |
| 132 | + | 8 solar energy ready communities under section 13 of this | |
| 133 | + | 9 chapter; and | |
| 134 | + | 10 (2) a program for the certification of units as wind energy | |
| 135 | + | 11 ready communities under section 14 of this chapter. | |
| 136 | + | 12 Sec. 13. (a) A unit may apply to the office for certification as a | |
| 137 | + | 13 commercial solar energy ready community. The application must | |
| 138 | + | 14 be in a form and manner prescribed by the office. The office may | |
| 139 | + | 15 approve an application and certify a unit as a commercial solar | |
| 140 | + | 16 energy ready community if the office determines the following: | |
| 141 | + | 17 (1) That the unit has adopted a commercial solar regulation | |
| 142 | + | 18 that includes clear standards for the construction, installation, | |
| 143 | + | 19 siting, modification, operation, or decommissioning of one (1) | |
| 144 | + | 20 or more commercial solar energy systems (as defined in | |
| 145 | + | 21 IC 8-1-42-2) in the unit. | |
| 146 | + | 22 (2) That the unit's commercial solar regulation: | |
| 147 | + | 23 (A) includes standards that are not more restrictive, | |
| 148 | + | 24 directly or indirectly, than the default standards for | |
| 149 | + | 25 commercial solar energy systems set forth in IC 8-1-42; | |
| 150 | + | 26 (B) provides a clear and transparent process for project | |
| 151 | + | 27 owners to identify potential commercial solar project sites; | |
| 152 | + | 28 (C) does not unreasonably eliminate portions of the unit as | |
| 153 | + | 29 sites for commercial solar projects; | |
| 154 | + | 30 (D) provides for a fair review and approval process for | |
| 155 | + | 31 proposed commercial solar projects, including final | |
| 156 | + | 32 approval that cannot be revoked; and | |
| 157 | + | 33 (E) includes a specific plan for using any funds from an | |
| 158 | + | 34 incentive granted by the office under subsection (b): | |
| 159 | + | 35 (i) for economic development purposes within or near | |
| 160 | + | 36 the commercial solar project's footprint; or | |
| 161 | + | 37 (ii) to otherwise benefit residents and businesses within | |
| 162 | + | 38 or near the commercial solar project's footprint. | |
| 163 | + | 39 (3) That the unit has demonstrated a commitment to | |
| 164 | + | 40 maintain: | |
| 165 | + | 41 (A) the standards and procedural framework set forth in | |
| 166 | + | 42 the unit's commercial solar regulation; and | |
| 167 | + | ES 390—LS 7438/DI 55 4 | |
| 168 | + | 1 (B) all applicable zoning, land use, and planning | |
| 169 | + | 2 regulations; | |
| 170 | + | 3 with respect to any particular commercial solar project that | |
| 171 | + | 4 is approved under the unit's commercial solar regulation, for | |
| 172 | + | 5 a period of at least ten (10) years, beginning with the start | |
| 173 | + | 6 date of the commercial solar project's full commercial | |
| 174 | + | 7 operation. | |
| 175 | + | 8 (b) If: | |
| 176 | + | 9 (1) a unit receives certification as a commercial solar energy | |
| 177 | + | 10 ready community by the office under this section; | |
| 178 | + | 11 (2) after the unit's certification, a project owner constructs a | |
| 179 | + | 12 commercial solar project in the unit; and | |
| 180 | + | 13 (3) the fund is established and there is a sufficient balance in | |
| 181 | + | 14 the fund; | |
| 182 | + | 15 the office may authorize the unit to receive from the fund, for a | |
| 183 | + | 16 period of ten (10) years beginning with the start date of the | |
| 184 | + | 17 commercial solar project's full commercial operation, one dollar | |
| 185 | + | 18 ($1) per megawatt hour of electricity generated by the commercial | |
| 186 | + | 19 solar project, if the office determines that the procedures and | |
| 187 | + | 20 standards set forth in the unit's commercial solar regulation were | |
| 188 | + | 21 adhered to in the development of the project. However, if the office | |
| 189 | + | 22 determines at any time after the start of the commercial solar | |
| 190 | + | 23 project's full commercial operation that the unit has failed to | |
| 191 | + | 24 continue to meet the requirement for certification set forth in | |
| 192 | + | 25 subsection (a)(3), the office shall discontinue the incentive granted | |
| 193 | + | 26 under this subsection and shall require the unit to return to the | |
| 194 | + | 27 fund any amounts collected by the unit under this subsection after | |
| 195 | + | 28 the unit's breach of the requirement for certification set forth in | |
| 196 | + | 29 subsection (a)(3). | |
| 197 | + | 30 (c) After: | |
| 198 | + | 31 (1) a unit receives certification as a commercial solar energy | |
| 199 | + | 32 ready community under this section; and | |
| 200 | + | 33 (2) a project owner constructs a commercial solar energy | |
| 201 | + | 34 facility that qualifies the unit to receive the incentive | |
| 202 | + | 35 payments under subsection (b); | |
| 203 | + | 36 the project owner shall annually report to the office the total | |
| 204 | + | 37 megawatt hours generated by the commercial solar energy facility | |
| 205 | + | 38 in the previous year. | |
| 206 | + | 39 Sec. 14. (a) A unit may apply to the office for certification as a | |
| 207 | + | 40 wind energy ready community. The application must be in a form | |
| 208 | + | 41 and manner prescribed by the office. The office may approve an | |
| 209 | + | 42 application and certify a unit as a wind energy ready community | |
| 210 | + | ES 390—LS 7438/DI 55 5 | |
| 211 | + | 1 if the office determines the following: | |
| 212 | + | 2 (1) That the unit has adopted a wind power regulation that | |
| 213 | + | 3 includes clear standards for the construction, installation, | |
| 214 | + | 4 siting, modification, operation, or decommissioning of one (1) | |
| 215 | + | 5 or more wind power devices (as defined in IC 8-1-41-7) in the | |
| 216 | + | 6 unit. | |
| 217 | + | 7 (2) That the unit's wind power regulation: | |
| 218 | + | 8 (A) includes standards that are not more restrictive, | |
| 219 | + | 9 directly or indirectly, than the default standards for wind | |
| 220 | + | 10 power devices set forth in IC 8-1-41; | |
| 221 | + | 11 (B) provides a clear and transparent process for project | |
| 222 | + | 12 owners to identify potential wind power project sites; | |
| 223 | + | 13 (C) does not unreasonably eliminate portions of the unit as | |
| 224 | + | 14 sites for wind power projects; | |
| 225 | + | 15 (D) provides for a fair review and approval process for | |
| 226 | + | 16 proposed wind power projects, including final approval | |
| 227 | + | 17 that cannot be revoked; and | |
| 228 | + | 18 (E) includes a specific plan for using any funds from an | |
| 229 | + | 19 incentive granted by the office under subsection (b): | |
| 230 | + | 20 (i) for economic development purposes within or near | |
| 231 | + | 21 the wind power project's footprint; or | |
| 232 | + | 22 (ii) to otherwise benefit residents and businesses within | |
| 233 | + | 23 or near the wind power project's footprint. | |
| 234 | + | 24 (3) That the unit has demonstrated a commitment to | |
| 235 | + | 25 maintain: | |
| 236 | + | 26 (A) the standards and procedural framework set forth in | |
| 237 | + | 27 the unit's wind power regulation; and | |
| 238 | + | 28 (B) all applicable zoning, land use, and planning | |
| 239 | + | 29 regulations; | |
| 240 | + | 30 with respect to any particular wind power project that is | |
| 241 | + | 31 approved under the unit's commercial solar regulation, for a | |
| 242 | + | 32 period of at least ten (10) years, beginning with the start date | |
| 243 | + | 33 of the wind power project's full commercial operation. | |
| 244 | + | 34 (b) If: | |
| 245 | + | 35 (1) a unit receives certification as a wind energy ready | |
| 246 | + | 36 community by the office under this section; | |
| 247 | + | 37 (2) after the unit's certification, a project owner constructs a | |
| 248 | + | 38 wind power project in the unit; and | |
| 249 | + | 39 (3) the fund is established and there is a sufficient balance in | |
| 250 | + | 40 the fund; | |
| 251 | + | 41 the office may authorize the unit to receive from the fund, for a | |
| 252 | + | 42 period of ten (10) years beginning with the start date of the wind | |
| 253 | + | ES 390—LS 7438/DI 55 6 | |
| 254 | + | 1 power project's full commercial operation, one dollar ($1) per | |
| 255 | + | 2 megawatt hour of electricity generated by the wind power project, | |
| 256 | + | 3 if the office determines that the procedures and standards set forth | |
| 257 | + | 4 in the unit's wind power regulation were adhered to in the | |
| 258 | + | 5 development of the project. However, if the office determines at | |
| 259 | + | 6 any time after the start of the wind power project's full commercial | |
| 260 | + | 7 operation that the unit has failed to continue to meet the | |
| 261 | + | 8 requirement for certification set forth in subsection (a)(3), the | |
| 262 | + | 9 office shall discontinue the incentive granted under this subsection | |
| 263 | + | 10 and shall require the unit to return to the fund any amounts | |
| 264 | + | 11 collected by the unit under this subsection after the unit's breach | |
| 265 | + | 12 of the requirement for certification set forth in subsection (a)(3). | |
| 266 | + | 13 (c) After: | |
| 267 | + | 14 (1) a unit receives certification as a wind energy ready | |
| 268 | + | 15 community under this section; and | |
| 269 | + | 16 (2) a project owner constructs a wind energy facility that | |
| 270 | + | 17 qualifies the unit to receive the incentive under subsection (b); | |
| 271 | + | 18 the project owner shall annually report to the office the total | |
| 272 | + | 19 megawatt hours generated by the wind energy facility in the | |
| 273 | + | 20 previous year. | |
| 274 | + | 21 Sec. 15. A unit may be certified as both: | |
| 275 | + | 22 (1) a commercial solar energy ready community under section | |
| 276 | + | 23 13 of this chapter; and | |
| 277 | + | 24 (2) a wind energy ready community under section 14 of this | |
| 278 | + | 25 chapter; | |
| 279 | + | 26 if the unit meets the requirements for certification set forth in both | |
| 280 | + | 27 sections 13 and 14 of this chapter. | |
| 281 | + | 28 Sec. 16. (a) The commercial solar and wind energy ready | |
| 282 | + | 29 communities incentive fund may be established by the office for the | |
| 283 | + | 30 purpose of: | |
| 284 | + | 31 (1) providing payments to commercial solar energy ready | |
| 285 | + | 32 communities under section 13(b) of this chapter; and | |
| 286 | + | 33 (2) providing payments to wind energy ready communities | |
| 287 | + | 34 under section 14(b) of this chapter. | |
| 288 | + | 35 (b) The fund, if established, shall be administered by the office. | |
| 289 | + | 36 (c) The fund, if established, shall consist of: | |
| 290 | + | 37 (1) grants, gifts, and donations intended for deposit in the | |
| 291 | + | 38 fund; | |
| 292 | + | 39 (2) federal funds; | |
| 293 | + | 40 (3) interest that accrues from money in the fund; and | |
| 294 | + | 41 (4) any amounts returned to the fund by units under section | |
| 295 | + | 42 13(b) or 14(b) of this chapter. | |
| 296 | + | ES 390—LS 7438/DI 55 7 | |
| 297 | + | 1 (d) The treasurer of state shall invest the money in the fund not | |
| 298 | + | 2 currently needed to meet the obligations of the fund in the same | |
| 299 | + | 3 manner as other public money may be invested. | |
| 300 | + | ES 390—LS 7438/DI 55 8 | |
| 301 | + | COMMITTEE REPORT | |
| 302 | + | Madam President: The Senate Committee on Appropriations, to | |
| 303 | + | which was referred Senate Bill No. 390, has had the same under | |
| 304 | + | consideration and begs leave to report the same back to the Senate with | |
| 305 | + | the recommendation that said bill be AMENDED as follows: | |
| 306 | + | Delete the title and insert the following: | |
| 307 | + | A BILL FOR AN ACT to amend the Indiana Code concerning | |
| 308 | + | utilities. | |
| 309 | + | Page 2, line 32, delete "is" and insert "may be". | |
| 310 | + | Page 3, line 4, delete "shall" and insert "may". | |
| 311 | + | Page 3, line 12, delete "shall" and insert "may". | |
| 312 | + | Page 4, line 13, delete "shall" and insert "may". | |
| 313 | + | Page 4, line 31, delete "shall" and insert "may". | |
| 314 | + | Page 5, line 30, delete "shall" and insert "may". | |
| 315 | + | Page 6, line 11, delete "is" and insert "may be". | |
| 316 | + | Page 6, delete lines 24 through 25. | |
| 317 | + | Page 6, line 26, delete "(e)" and insert "(d)". | |
| 318 | + | Page 6, line 28, delete "Money in the fund". | |
| 319 | + | Page 6, delete lines 29 through 41. | |
| 320 | + | Renumber all SECTIONS consecutively. | |
| 321 | + | and when so amended that said bill do pass. | |
| 322 | + | (Reference is to SB 390 as introduced.) | |
| 323 | + | MISHLER, Chairperson | |
| 324 | + | Committee Vote: Yeas 11, Nays 2. | |
| 325 | + | _____ | |
| 326 | + | SENATE MOTION | |
| 327 | + | Madam President: I move that Senate Bill 390 be amended to read | |
| 328 | + | as follows: | |
| 329 | + | Page 1, line 1, delete "IC 5-28-28.6" and insert "IC 4-3-23.1". | |
| 330 | + | Page 1, line 4, delete "28.6." and insert "23.1.". | |
| 331 | + | Page 1, line 8, delete "established by" and insert "that may be | |
| 332 | + | established under". | |
| 333 | + | Page 2, line 3, delete "established by" and insert "described in". | |
| 334 | + | Page 2, between lines 3 and 4, begin a new paragraph and insert: | |
| 335 | + | "Sec. 5. As used in this chapter, "office" refers to the Indiana | |
| 336 | + | office of energy development established by IC 4-3-23-3.". | |
| 337 | + | ES 390—LS 7438/DI 55 9 | |
| 338 | + | Page 2, line 4, delete "5." and insert "6.". | |
| 339 | + | Page 2, line 10, delete "Sec. 6." and insert "Sec. 6.5.". | |
| 340 | + | Page 2, line 33, delete "corporation. The center has" and insert | |
| 341 | + | "office. If established, the center shall have". | |
| 342 | + | Page 3, delete lines 3 through 8, begin a new paragraph and insert: | |
| 343 | + | "(b) The center, if established, may create and administer: | |
| 78 | 344 | (1) a program for the certification of units as commercial | |
| 79 | 345 | solar energy ready communities under section 13 of this | |
| 80 | 346 | chapter; and | |
| 81 | 347 | (2) a program for the certification of units as wind energy | |
| 82 | - | ready communities under section 14 of this chapter. | |
| 83 | - | Sec. 13. (a) A unit may apply to the office for certification as a | |
| 84 | - | SEA 390 — Concur 3 | |
| 85 | - | commercial solar energy ready community. The application must | |
| 86 | - | be in a form and manner prescribed by the office. The office may | |
| 87 | - | approve an application and certify a unit as a commercial solar | |
| 88 | - | energy ready community if the office determines the following: | |
| 89 | - | (1) That the unit has adopted a commercial solar regulation | |
| 90 | - | that includes clear standards for the construction, installation, | |
| 91 | - | siting, modification, operation, or decommissioning of one (1) | |
| 92 | - | or more commercial solar energy systems (as defined in | |
| 93 | - | IC 8-1-42-2) in the unit. | |
| 94 | - | (2) That the unit's commercial solar regulation: | |
| 95 | - | (A) includes standards that are not more restrictive, | |
| 96 | - | directly or indirectly, than the default standards for | |
| 97 | - | commercial solar energy systems set forth in IC 8-1-42; | |
| 98 | - | (B) provides a clear and transparent process for project | |
| 99 | - | owners to identify potential commercial solar project sites; | |
| 100 | - | (C) does not unreasonably eliminate portions of the unit as | |
| 101 | - | sites for commercial solar projects; | |
| 102 | - | (D) provides for a fair review and approval process for | |
| 103 | - | proposed commercial solar projects, including final | |
| 104 | - | approval that cannot be revoked; and | |
| 105 | - | (E) includes a specific plan for using any funds from an | |
| 106 | - | incentive granted by the office under subsection (b): | |
| 107 | - | (i) for economic development purposes within or near | |
| 108 | - | the commercial solar project's footprint; or | |
| 109 | - | (ii) to otherwise benefit residents and businesses within | |
| 110 | - | or near the commercial solar project's footprint. | |
| 111 | - | (3) That the unit has demonstrated a commitment to | |
| 112 | - | maintain: | |
| 113 | - | (A) the standards and procedural framework set forth in | |
| 114 | - | the unit's commercial solar regulation; and | |
| 115 | - | (B) all applicable zoning, land use, and planning | |
| 116 | - | regulations; | |
| 117 | - | with respect to any particular commercial solar project that | |
| 118 | - | is approved under the unit's commercial solar regulation, for | |
| 119 | - | a period of at least ten (10) years, beginning with the start | |
| 120 | - | date of the commercial solar project's full commercial | |
| 121 | - | operation. | |
| 122 | - | (b) If: | |
| 123 | - | (1) a unit receives certification as a commercial solar energy | |
| 124 | - | ready community by the office under this section; | |
| 125 | - | (2) after the unit's certification, a project owner constructs a | |
| 126 | - | commercial solar project in the unit; and | |
| 348 | + | ready communities under section 14 of this chapter.". | |
| 349 | + | Page 3, line 9, delete "corporation" and insert "office". | |
| 350 | + | Page 3, line 11, delete "corporation." and insert "office.". | |
| 351 | + | Page 3, line 12, delete "corporation" and insert "office". | |
| 352 | + | Page 3, line 13, delete "corporation" and insert "office". | |
| 353 | + | Page 3, delete lines 15 through 16. | |
| 354 | + | Page 3, line 17, delete "(2)" and insert "(1)". | |
| 355 | + | Page 3, line 22, delete "(3)" and insert "(2)". | |
| 356 | + | Page 3, line 34, delete "corporation" and insert "office". | |
| 357 | + | Page 3, line 39, delete "(4)" and insert "(3)". | |
| 358 | + | Page 4, line 10, delete "corporation" and insert "office". | |
| 359 | + | Page 4, line 10, delete "and". | |
| 360 | + | Page 4, line 11, delete "develops" and insert "constructs". | |
| 361 | + | Page 4, line 12, after "unit;" insert "and | |
| 127 | 362 | (3) the fund is established and there is a sufficient balance in | |
| 128 | - | the fund; | |
| 129 | - | the office may authorize the unit to receive from the fund, for a | |
| 130 | - | SEA 390 — Concur 4 | |
| 131 | - | period of ten (10) years beginning with the start date of the | |
| 132 | - | commercial solar project's full commercial operation, one dollar | |
| 133 | - | ($1) per megawatt hour of electricity generated by the commercial | |
| 134 | - | solar project, if the office determines that the procedures and | |
| 135 | - | standards set forth in the unit's commercial solar regulation were | |
| 136 | - | adhered to in the development of the project. However, if the office | |
| 137 | - | determines at any time after the start of the commercial solar | |
| 138 | - | project's full commercial operation that the unit has failed to | |
| 139 | - | continue to meet the requirement for certification set forth in | |
| 140 | - | subsection (a)(3), the office shall discontinue the incentive granted | |
| 141 | - | under this subsection and shall require the unit to return to the | |
| 142 | - | fund any amounts collected by the unit under this subsection after | |
| 143 | - | the unit's breach of the requirement for certification set forth in | |
| 144 | - | subsection (a)(3). | |
| 363 | + | the fund;". | |
| 364 | + | Page 4, line 13, delete "corporation" and insert "office". | |
| 365 | + | Page 4, line 17, delete "corporation" and insert "office". | |
| 366 | + | Page 4, line 20, delete "corporation" and insert "office". | |
| 367 | + | Page 4, line 23, delete "(a)(4), the corporation" and insert "(a)(3), | |
| 368 | + | the office". | |
| 369 | + | Page 4, line 27, delete "(a)(4)." and insert "(a)(3). | |
| 145 | 370 | (c) After: | |
| 146 | 371 | (1) a unit receives certification as a commercial solar energy | |
| 147 | 372 | ready community under this section; and | |
| 148 | 373 | (2) a project owner constructs a commercial solar energy | |
| 149 | 374 | facility that qualifies the unit to receive the incentive | |
| 150 | 375 | payments under subsection (b); | |
| 151 | 376 | the project owner shall annually report to the office the total | |
| 152 | 377 | megawatt hours generated by the commercial solar energy facility | |
| 153 | - | in the previous year. | |
| 154 | - | Sec. 14. (a) A unit may apply to the office for certification as a | |
| 155 | - | wind energy ready community. The application must be in a form | |
| 156 | - | and manner prescribed by the office. The office may approve an | |
| 157 | - | application and certify a unit as a wind energy ready community | |
| 158 | - | if the office determines the following: | |
| 159 | - | (1) That the unit has adopted a wind power regulation that | |
| 160 | - | includes clear standards for the construction, installation, | |
| 161 | - | siting, modification, operation, or decommissioning of one (1) | |
| 162 | - | or more wind power devices (as defined in IC 8-1-41-7) in the | |
| 163 | - | unit. | |
| 164 | - | (2) That the unit's wind power regulation: | |
| 165 | - | (A) includes standards that are not more restrictive, | |
| 166 | - | directly or indirectly, than the default standards for wind | |
| 167 | - | power devices set forth in IC 8-1-41; | |
| 168 | - | (B) provides a clear and transparent process for project | |
| 169 | - | owners to identify potential wind power project sites; | |
| 170 | - | (C) does not unreasonably eliminate portions of the unit as | |
| 171 | - | sites for wind power projects; | |
| 172 | - | (D) provides for a fair review and approval process for | |
| 173 | - | proposed wind power projects, including final approval | |
| 174 | - | that cannot be revoked; and | |
| 175 | - | (E) includes a specific plan for using any funds from an | |
| 176 | - | SEA 390 — Concur 5 | |
| 177 | - | incentive granted by the office under subsection (b): | |
| 178 | - | (i) for economic development purposes within or near | |
| 179 | - | the wind power project's footprint; or | |
| 180 | - | (ii) to otherwise benefit residents and businesses within | |
| 181 | - | or near the wind power project's footprint. | |
| 182 | - | (3) That the unit has demonstrated a commitment to | |
| 183 | - | maintain: | |
| 184 | - | (A) the standards and procedural framework set forth in | |
| 185 | - | the unit's wind power regulation; and | |
| 186 | - | (B) all applicable zoning, land use, and planning | |
| 187 | - | regulations; | |
| 188 | - | with respect to any particular wind power project that is | |
| 189 | - | approved under the unit's commercial solar regulation, for a | |
| 190 | - | period of at least ten (10) years, beginning with the start date | |
| 191 | - | of the wind power project's full commercial operation. | |
| 192 | - | (b) If: | |
| 193 | - | (1) a unit receives certification as a wind energy ready | |
| 194 | - | community by the office under this section; | |
| 195 | - | (2) after the unit's certification, a project owner constructs a | |
| 196 | - | wind power project in the unit; and | |
| 378 | + | in the previous year.". | |
| 379 | + | Page 4, line 28, delete "corporation" and insert "office". | |
| 380 | + | ES 390—LS 7438/DI 55 10 | |
| 381 | + | Page 4, line 30, delete "corporation. The corporation" and insert | |
| 382 | + | "office. The office". | |
| 383 | + | Page 4, line 32, delete "corporation" and insert "office". | |
| 384 | + | Page 4, delete lines 33 through 34. | |
| 385 | + | Page 4, line 35, delete "(2)" and insert "(1)". | |
| 386 | + | Page 4, line 40, delete "(3)" and insert "(2)". | |
| 387 | + | Page 5, line 10, delete "corporation" and insert "office". | |
| 388 | + | Page 5, line 15, delete "(4)" and insert "(3)". | |
| 389 | + | Page 5, line 27, delete "corporation" and insert "office". | |
| 390 | + | Page 5, line 27, delete "and". | |
| 391 | + | Page 5, line 28, delete "develops" and insert "constructs". | |
| 392 | + | Page 5, line 29, after "unit;" insert "and | |
| 197 | 393 | (3) the fund is established and there is a sufficient balance in | |
| 198 | - | the fund; | |
| 199 | - | the office may authorize the unit to receive from the fund, for a | |
| 200 | - | period of ten (10) years beginning with the start date of the wind | |
| 201 | - | power project's full commercial operation, one dollar ($1) per | |
| 202 | - | megawatt hour of electricity generated by the wind power project, | |
| 203 | - | if the office determines that the procedures and standards set forth | |
| 204 | - | in the unit's wind power regulation were adhered to in the | |
| 205 | - | development of the project. However, if the office determines at | |
| 206 | - | any time after the start of the wind power project's full commercial | |
| 207 | - | operation that the unit has failed to continue to meet the | |
| 208 | - | requirement for certification set forth in subsection (a)(3), the | |
| 209 | - | office shall discontinue the incentive granted under this subsection | |
| 210 | - | and shall require the unit to return to the fund any amounts | |
| 211 | - | collected by the unit under this subsection after the unit's breach | |
| 212 | - | of the requirement for certification set forth in subsection (a)(3). | |
| 394 | + | the fund;". | |
| 395 | + | Page 5, line 30, delete "corporation" and insert "office". | |
| 396 | + | Page 5, line 34, delete "corporation" and insert "office". | |
| 397 | + | Page 5, line 36, delete "corporation" and insert "office". | |
| 398 | + | Page 5, line 39, delete "(a)(4)," and insert "(a)(3),". | |
| 399 | + | Page 5, line 40, delete "corporation" and insert "office". | |
| 400 | + | Page 6, line 2, delete "(a)(4)." and insert "(a)(3). | |
| 213 | 401 | (c) After: | |
| 214 | 402 | (1) a unit receives certification as a wind energy ready | |
| 215 | 403 | community under this section; and | |
| 216 | 404 | (2) a project owner constructs a wind energy facility that | |
| 217 | 405 | qualifies the unit to receive the incentive under subsection (b); | |
| 218 | 406 | the project owner shall annually report to the office the total | |
| 219 | 407 | megawatt hours generated by the wind energy facility in the | |
| 220 | - | previous year. | |
| 221 | - | Sec. 15. A unit may be certified as both: | |
| 222 | - | SEA 390 — Concur 6 | |
| 223 | - | (1) a commercial solar energy ready community under section | |
| 224 | - | 13 of this chapter; and | |
| 225 | - | (2) a wind energy ready community under section 14 of this | |
| 226 | - | chapter; | |
| 227 | - | if the unit meets the requirements for certification set forth in both | |
| 228 | - | sections 13 and 14 of this chapter. | |
| 229 | - | Sec. 16. (a) The commercial solar and wind energy ready | |
| 230 | - | communities incentive fund may be established by the office for the | |
| 231 | - | purpose of: | |
| 232 | - | (1) providing payments to commercial solar energy ready | |
| 233 | - | communities under section 13(b) of this chapter; and | |
| 234 | - | (2) providing payments to wind energy ready communities | |
| 235 | - | under section 14(b) of this chapter. | |
| 236 | - | (b) The fund, if established, shall be administered by the office. | |
| 237 | - | (c) The fund, if established, shall consist of: | |
| 238 | - | (1) grants, gifts, and donations intended for deposit in the | |
| 239 | - | fund; | |
| 240 | - | (2) federal funds; | |
| 241 | - | (3) interest that accrues from money in the fund; and | |
| 242 | - | (4) any amounts returned to the fund by units under section | |
| 243 | - | 13(b) or 14(b) of this chapter. | |
| 244 | - | (d) The treasurer of state shall invest the money in the fund not | |
| 245 | - | currently needed to meet the obligations of the fund in the same | |
| 246 | - | manner as other public money may be invested. | |
| 247 | - | SEA 390 — Concur President of the Senate | |
| 248 | - | President Pro Tempore | |
| 249 | - | Speaker of the House of Representatives | |
| 250 | - | Governor of the State of Indiana | |
| 251 | - | Date: Time: | |
| 252 | - | SEA 390 — Concur | |
| 408 | + | previous year.". | |
| 409 | + | Page 6, line 11, after "established" insert "by the office". | |
| 410 | + | Page 6, line 16, delete "fund" and insert "fund, if established,". | |
| 411 | + | Page 6, line 16, delete "corporation." and insert "office.". | |
| 412 | + | Page 6, line 17, delete "fund consists" and insert "fund, if | |
| 413 | + | established, shall consist". | |
| 414 | + | Page 6, between lines 20 and 21, begin a new line block indented | |
| 415 | + | and insert: | |
| 416 | + | "(3) federal funds;". | |
| 417 | + | Page 6, line 21, delete "(3)" and insert "(4)". | |
| 418 | + | Page 6, line 22, delete "(4)" and insert "(5)". | |
| 419 | + | (Reference is to SB 390 as printed February 24, 2023. | |
| 420 | + | MESSMER | |
| 421 | + | ES 390—LS 7438/DI 55 11 | |
| 422 | + | COMMITTEE REPORT | |
| 423 | + | Mr. Speaker: Your Committee on Utilities, Energy and | |
| 424 | + | Telecommunications, to which was referred Senate Bill 390, has had | |
| 425 | + | the same under consideration and begs leave to report the same back | |
| 426 | + | to the House with the recommendation that said bill do pass. | |
| 427 | + | (Reference is to SB 390 as reprinted February 28, 2023.) | |
| 428 | + | SOLIDAY | |
| 429 | + | Committee Vote: Yeas 13, Nays 0 | |
| 430 | + | _____ | |
| 431 | + | HOUSE MOTION | |
| 432 | + | Mr. Speaker: I move that Engrossed Senate Bill 390 be amended to | |
| 433 | + | read as follows: | |
| 434 | + | Page 2, line 17, delete "A" and insert "As". | |
| 435 | + | Page 6, delete line 37. | |
| 436 | + | Page 6, line 38, delete "(2)" and insert "(1)". | |
| 437 | + | Page 6, line 40, delete "(3)" and insert "(2)". | |
| 438 | + | Page 6, line 41, delete "(4)" and insert "(3)". | |
| 439 | + | Page 6, line 42, delete "(5)" and insert "(4)". | |
| 440 | + | (Reference is to ESB 390 as printed March 21, 2023.) | |
| 441 | + | JUDY | |
| 442 | + | ES 390—LS 7438/DI 55 |