Title 8, UTILITIES AND TRANSPORTATION

Sec. 23. (a) A customer that produces distributed generation has the following rights regarding the installation and ownership of distributed generation equipment: (1) The right to know that the attorney general is authorized to enforce this section, including by receiving compla…

Sec. 3. (a) As used in this chapter, "distributed generation" means electricity produced by a generator or other device that is: (1) located on the customer's premises; (2) owned by the customer; (3) sized at a nameplate capacity of the lesser of: (A) not more than one (1) megawa…

Sec. 4. (a) As used in this chapter, "electricity supplier" means a public utility (as defined in IC 8-1-2-1) that furnishes retail electric service to customers in Indiana. (b) The term does not include a utility that is: (1) a municipally owned utility (as defined in IC 8-1-2-1…

Sec. 5. As used in this chapter, "excess distributed generation" means the difference between: (1) the electricity that is supplied by an electricity supplier to a customer that produces distributed generation; and (2) the electricity that is supplied back to the electricity supp…

Sec. 6. As used in this chapter, "marginal price of electricity" means the hourly market price for electricity as determined by a regional transmission organization of which the electricity supplier serving a customer is a member. As added by P.L.264-2017, SEC.6.

Sec. 7. As used in this chapter, "net metering tariff" means a tariff that: (1) an electricity supplier offers for net metering under 170 IAC 4-4.2; and (2) is in effect on January 1, 2017. As added by P.L.264-2017, SEC.6.

Sec. 8. As used in this chapter, "premises" means a single tract of land on which a customer consumes electricity for residential, business, or other purposes. As added by P.L.264-2017, SEC.6.

Sec. 9. As used in this chapter, "regional transmission organization" has the meaning set forth in IC 8-1-37-9. As added by P.L.264-2017, SEC.6.

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 …

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 po…

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 dev…

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 defens…

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 suc…

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. (…

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 cause…

bond or equivalent security; required posting increments; adjustment of bond or security after periodic reevaluation of decommissioning costs; costs to be net of estimated salvage value Sec. 16. (a) Subject to subsection (b), and except as otherwise allowed by IC 36-7-4-1109, a p…

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. As added by P.L.90-2022, SEC.1.

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 ot…

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, operatio…

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 pe…

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 power devices: (A) entirely within unincorporated areas of the county; (B) within both unincorporat…

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. As added by P.L.90-2022, SEC.1.

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, …

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 …

Sec. 1. (a) This chapter applies to: (1) all counties; and (2) municipalities with a population of at least five thousand (5,000). (b) As used in this chapter, "governing body" means the county executive, the city executive, or the town legislative body. Formerly: Acts 1971, P.L.…

Sec. 2. The governing body of every county and municipality shall set up and maintain an adequate system of records as prescribed by the state board of accounts, for their departments having road and street responsibilities. Formerly: Acts 1971, P.L.103, SEC.1. As amended by P.L.…

Sec. 3. The state board of accounts shall develop systems of records for every county and municipality to maintain. The records shall be adequate (considering the anticipated number and type of transactions relating to roads and streets) to show the sources and amount of receipts…

Sec. 4. The state board of accounts may require additional records to be kept by every county and municipality to adequately reflect the financial and material condition of the department. Formerly: Acts 1971, P.L.103, SEC.1. As amended by P.L.86-1988, SEC.118.

Sec. 5. The governing body shall prepare by April 15 of each year an operational report for the prior calendar year of the department within the county or municipality that has road and street responsibilities. Formerly: Acts 1971, P.L.103, SEC.1. As amended by P.L.86-1988, SEC.1…

Sec. 6. This report shall be prepared on forms prescribed by the state board of accounts and must disclose all information considered necessary by the state board of accounts to reflect the financial condition and operations of the department. Formerly: Acts 1971, P.L.103, SEC.1.…

Sec. 7. The annual operational report must be completed and a copy filed with the state board of accounts, the governing body, and the department by June 1 following the operational report year. The department shall make the report available to the public. Formerly: Acts 1971, P.…

Sec. 8. (a) On June 15 following the operational report year, the state board of accounts shall prepare a certified list of counties and municipalities that have not complied with this chapter. (b) The state board of accounts shall immediately apprise the state comptroller when t…

Sec. 9. The record system provided herein shall be distributed with an explanation by the state board of accounts to the municipalities in adequate time for the municipalities to use the system to keep a record beginning with the 1972 calendar year. Formerly: Acts 1971, P.L.103, …

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 …

Sec. 10. (a) 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 t…

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 p…

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. As added by P.L.90-2022, SEC.2.

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 undergroun…

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. As added by P.L.90-2…

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…

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 sou…

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 th…

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 bon…

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; …

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…

of costs 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 God. (2) War, civil strife, a terrorist attack, or other similar acts of violence. (3) Other unforeseen events or events ov…