First Regular Session of the 123rd General Assembly (2023)
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SENATE ENROLLED ACT No. 390
AN ACT to amend the Indiana Code concerning utilities.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-3-23.1 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 23.1. Commercial Solar and Wind Energy Ready
Communities
Sec. 1. As used in this chapter, "center" refers to the
commercial solar and wind energy ready communities
development center that may be established under section 12 of
this chapter.
Sec. 2. As used in this chapter, "commercial solar project"
means a project involving the construction, installation, siting,
modification, operation, or decommissioning of one (1) or more
commercial solar energy systems (as defined in IC 8-1-42-2) in a
unit.
Sec. 3. As used in this chapter, "commercial solar regulation"
has the meaning set forth in IC 8-1-42-3.
Sec. 4. As used in this chapter, "fund" refers to the commercial
solar and wind energy ready communities incentive fund described
in section 16 of this chapter.
Sec. 5. As used in this chapter, "office" refers to the Indiana
office of energy development established by IC 4-3-23-3.
Sec. 6. As used in this chapter, "permit", with respect to a
project, means any state or local permit, license, certificate,
approval, registration, or similar form of approval required by
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statute, administrative rule, regulation (including a commercial
solar regulation or a wind power regulation), ordinance, or
resolution.
Sec. 6.5. As used in this chapter, "permit authority" has the
meaning set forth in:
(1) IC 8-1-41-4, in the case of a wind power project; or
(2) IC 8-1-42-6, in the case of a commercial solar project.
Sec. 7. As used in this chapter, "project" refers to:
(1) a wind power project; or
(2) a commercial solar project.
Sec. 8. As used in this chapter, "project owner" has the meaning
set forth in:
(1) IC 8-1-41-5, in the case of a wind power project; or
(2) IC 8-1-42-7, in the case of a commercial solar project.
Sec. 9. As used in this chapter, "unit" means a county or a
municipality, as specified in:
(1) IC 8-1-41-6, in the case of a wind power project; or
(2) IC 8-1-42-8, in the case of a commercial solar project.
Sec. 10. As used in this chapter, "wind power project" means a
project involving the construction, installation, siting, modification,
operation, or decommissioning of one (1) or more wind power
devices (as defined in IC 8-1-41-7) in a unit.
Sec. 11. As used in this chapter, "wind power regulation" has
the meaning set forth in IC 8-1-41-8.
Sec. 12. (a) The commercial solar and wind energy ready
communities development center may be established within the
office. If established, the center shall have the following duties:
(1) Providing comprehensive information concerning permits
required for projects and related business activities in
Indiana, and making the information available and easily
accessible to:
(A) project owners;
(B) state and local government offices, departments, and
administrative entities; and
(C) the public.
(2) Working with permit authorities to encourage the timely
and efficient issuance of permits and the resolution of related
issues.
(b) The center, if established, may create and administer:
(1) a program for the certification of units as commercial
solar energy ready communities under section 13 of this
chapter; and
(2) a program for the certification of units as wind energy
ready communities under section 14 of this chapter.
Sec. 13. (a) A unit may apply to the office for certification as a
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commercial solar energy ready community. The application must
be in a form and manner prescribed by the office. The office may
approve an application and certify a unit as a commercial solar
energy ready community if the office determines the following:
(1) That the unit has adopted a commercial solar regulation
that includes clear standards for the construction, installation,
siting, modification, operation, or decommissioning of one (1)
or more commercial solar energy systems (as defined in
IC 8-1-42-2) in the unit.
(2) That the unit's commercial solar regulation:
(A) includes standards that are not more restrictive,
directly or indirectly, than the default standards for
commercial solar energy systems set forth in IC 8-1-42;
(B) provides a clear and transparent process for project
owners to identify potential commercial solar project sites;
(C) does not unreasonably eliminate portions of the unit as
sites for commercial solar projects;
(D) provides for a fair review and approval process for
proposed commercial solar projects, including final
approval that cannot be revoked; and
(E) includes a specific plan for using any funds from an
incentive granted by the office under subsection (b):
(i) for economic development purposes within or near
the commercial solar project's footprint; or
(ii) to otherwise benefit residents and businesses within
or near the commercial solar project's footprint.
(3) That the unit has demonstrated a commitment to
maintain:
(A) the standards and procedural framework set forth in
the unit's commercial solar regulation; and
(B) all applicable zoning, land use, and planning
regulations;
with respect to any particular commercial solar project that
is approved under the unit's commercial solar regulation, for
a period of at least ten (10) years, beginning with the start
date of the commercial solar project's full commercial
operation.
(b) If:
(1) a unit receives certification as a commercial solar energy
ready community by the office under this section;
(2) after the unit's certification, a project owner constructs a
commercial solar project in the unit; and
(3) the fund is established and there is a sufficient balance in
the fund;
the office may authorize the unit to receive from the fund, for a
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period of ten (10) years beginning with the start date of the
commercial solar project's full commercial operation, one dollar
($1) per megawatt hour of electricity generated by the commercial
solar project, if the office determines that the procedures and
standards set forth in the unit's commercial solar regulation were
adhered to in the development of the project. However, if the office
determines at any time after the start of the commercial solar
project's full commercial operation that the unit has failed to
continue to meet the requirement for certification set forth in
subsection (a)(3), the office shall discontinue the incentive granted
under this subsection and shall require the unit to return to the
fund any amounts collected by the unit under this subsection after
the unit's breach of the requirement for certification set forth in
subsection (a)(3).
(c) After:
(1) a unit receives certification as a commercial solar energy
ready community under this section; and
(2) a project owner constructs a commercial solar energy
facility that qualifies the unit to receive the incentive
payments under subsection (b);
the project owner shall annually report to the office the total
megawatt hours generated by the commercial solar energy facility
in the previous year.
Sec. 14. (a) A unit may apply to the office for certification as a
wind energy ready community. The application must be in a form
and manner prescribed by the office. The office may approve an
application and certify a unit as a wind energy ready community
if the office determines the following:
(1) That the unit has adopted a wind power regulation that
includes clear standards for the construction, installation,
siting, modification, operation, or decommissioning of one (1)
or more wind power devices (as defined in IC 8-1-41-7) in the
unit.
(2) That the unit's wind power regulation:
(A) includes standards that are not more restrictive,
directly or indirectly, than the default standards for wind
power devices set forth in IC 8-1-41;
(B) provides a clear and transparent process for project
owners to identify potential wind power project sites;
(C) does not unreasonably eliminate portions of the unit as
sites for wind power projects;
(D) provides for a fair review and approval process for
proposed wind power projects, including final approval
that cannot be revoked; and
(E) includes a specific plan for using any funds from an
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incentive granted by the office under subsection (b):
(i) for economic development purposes within or near
the wind power project's footprint; or
(ii) to otherwise benefit residents and businesses within
or near the wind power project's footprint.
(3) That the unit has demonstrated a commitment to
maintain:
(A) the standards and procedural framework set forth in
the unit's wind power regulation; and
(B) all applicable zoning, land use, and planning
regulations;
with respect to any particular wind power project that is
approved under the unit's commercial solar regulation, for a
period of at least ten (10) years, beginning with the start date
of the wind power project's full commercial operation.
(b) If:
(1) a unit receives certification as a wind energy ready
community by the office under this section;
(2) after the unit's certification, a project owner constructs a
wind power project in the unit; and
(3) the fund is established and there is a sufficient balance in
the fund;
the office may authorize the unit to receive from the fund, for a
period of ten (10) years beginning with the start date of the wind
power project's full commercial operation, one dollar ($1) per
megawatt hour of electricity generated by the wind power project,
if the office determines that the procedures and standards set forth
in the unit's wind power regulation were adhered to in the
development of the project. However, if the office determines at
any time after the start of the wind power project's full commercial
operation that the unit has failed to continue to meet the
requirement for certification set forth in subsection (a)(3), the
office shall discontinue the incentive granted under this subsection
and shall require the unit to return to the fund any amounts
collected by the unit under this subsection after the unit's breach
of the requirement for certification set forth in subsection (a)(3).
(c) After:
(1) a unit receives certification as a wind energy ready
community under this section; and
(2) a project owner constructs a wind energy facility that
qualifies the unit to receive the incentive under subsection (b);
the project owner shall annually report to the office the total
megawatt hours generated by the wind energy facility in the
previous year.
Sec. 15. A unit may be certified as both:
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(1) a commercial solar energy ready community under section
13 of this chapter; and
(2) a wind energy ready community under section 14 of this
chapter;
if the unit meets the requirements for certification set forth in both
sections 13 and 14 of this chapter.
Sec. 16. (a) The commercial solar and wind energy ready
communities incentive fund may be established by the office for the
purpose of:
(1) providing payments to commercial solar energy ready
communities under section 13(b) of this chapter; and
(2) providing payments to wind energy ready communities
under section 14(b) of this chapter.
(b) The fund, if established, shall be administered by the office.
(c) The fund, if established, shall consist of:
(1) grants, gifts, and donations intended for deposit in the
fund;
(2) federal funds;
(3) interest that accrues from money in the fund; and
(4) any amounts returned to the fund by units under section
13(b) or 14(b) of this chapter.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
SEA 390 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 390 — Concur