Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

suppliers' net metering tariffs; increase to aggregate net metering facility nameplate capacity; reservation of capacity for residential customers and organic waste biomass facilities Sec. 12. (a) Before January 1, 2018, the commission shall amend 170 IAC 4-4.2-4, and an electric…

continued service under tariff; successors in interest Sec. 14. (a) This section applies to a customer that installs a net metering facility (as defined in 170 IAC 4-4.2-1(k)) on the customer's premises before January 1, 2018. (b) A customer that is participating in an electricit…

distributed generation; amounts credited to customers to be recognized in fuel adjustment proceedings Sec. 15. An electricity supplier shall procure the excess distributed generation produced by a customer at a rate approved by the commission under section 17 of this chapter. Amo…

generation; annual submission of updated rate Sec. 16. Not later than March 1, 2021, an electricity supplier shall file with the commission a petition requesting a rate for the procurement of excess distributed generation by the electricity supplier. After an electricity supplier…

approval of rate; calculation Sec. 17. The commission shall review a petition filed under section 16 of this chapter by an electricity supplier and, after notice and a public hearing, shall approve a rate to be credited to participating customers by the electricity supplier for e…

generation; excess credit carried forward Sec. 18. An electricity supplier shall compensate a customer from whom the electricity supplier procures excess distributed generation (at the rate approved by the commission under section 17 of this chapter) through a credit on the custo…

energy delivery costs attributable to distributed generation customers; approval; findings by commission Sec. 19. (a) To ensure that customers that produce distributed generation are properly charged for the costs of the electricity delivery system through which an electricity su…

Sec. 2. As used in this chapter, "customer" means a person that receives retail electric service from an electricity supplier. As added by P.L.264-2017, SEC.6.

application to distributed generation; permitted changes to rules Sec. 21. (a) Subject to subsection (b) and sections 10 and 11 of this chapter, after June 30, 2017, the commission's rules and standards set forth in: (1) 170 IAC 4-4.2 (concerning net metering); and (2) 170 IAC 4-…

standards Sec. 22. A customer that produces distributed generation shall comply with applicable safety, performance, and reliability standards established by the following: (1) The commission. (2) An electricity supplier, subject to approval by the commission. (3) The National El…

general to adopt rules 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, includ…

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 …

road; nonparticipating property; utility transmission or distribution line; undeveloped residential land; state park; corporate boundaries of municipality; blade tip height limitations; waiver of restrictions by nonparticipating party Sec. 10. (a) Subject to subsection (h), and e…

property; mitigation efforts; waiver of requirement with consent of nonparticipating property owners 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 u…

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…

affected property owners 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 wil…

January 1, 2023; exceptions 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 f…

infrastructure 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 infra…

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, …

standards; authority to adopt less restrictive standards or to waive or make less restrictive existing standards; unit's planning and zoning powers not affected Sec. 9. (a) A permit authority for a unit described in section 1(a) of this chapter is responsible for enforcing compli…

Sec. 1. (a) This chapter applies to: (1) all counties; and (2) municipalities with a population of at least fifteen thousand (15,000). (b) As used in this chapter, "governing body" means the county executive, the city executive, or the town legislative body. Formerly: Acts 1971, …

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.…

distributions 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 auditor of…

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 …

roads; nonparticipating properties; landscape buffer; height restriction; waiver of setback and buffer requirements with consent of nonparticipating property owner Sec. 10. (a) Subject to subsection (e), and except as otherwise allowed by IC 36-7-4-1109, a project owner may not i…

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.

buried cables; cables and lines outside of project site 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 projec…

vehicular traffic 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…

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…

owners of adjacent nonparticipating properties 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 sy…