Sec. 10. (a) The commission may adopt rules under IC 4-22-2 to implement this chapter and to specify standards for the installation and operation of utility scale battery energy storage systems consistent with:

(1) this chapter; and

(2) NFPA 855.

     (b) Rules adopted by the commission under subsection (a) must include standards for:

(1) chemical spill prevention and control; and

(2) appropriate setbacks from surface water resources;

for the installation and expansion of utility scale battery energy storage systems, as necessary to protect soil and surface water resources from chemicals contained in or produced by utility scale battery energy storage systems. In establishing the standards described in this subsection, the commission shall consult with the department of environmental management or the department of natural resources, as appropriate.

     (c) In adopting rules under this section, the commission may adopt emergency rules in the manner provided by IC 4-22-2-37.1.

As added by P.L.217-2023, SEC.1.