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 chapter, apply to a project owner that, after June 30, 2022, files an initial application for a project to install or locate one (1) or more wind power devices in a unit that qualifies as a wind energy ready community under subsection (d).

     (b) Subject to a unit’s planning and zoning powers under IC 36-7, this chapter does not apply to a property owner that seeks to install a wind power device on the property owner’s premises for the purpose of generating electricity to meet or offset all or part of the need for electricity on the premises, whether through distributed generation, participation in a net metering program offered by an electricity supplier (as defined in IC 8-1-40-4), or otherwise.

Terms Used In Indiana Code 8-1-41-1

  • project owner: means a person that:

    Indiana Code 8-1-41-5

  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • unit: refers to :

    Indiana Code 8-1-41-6

  • 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. See Indiana Code 8-1-41-7
     (c) Unless a standard set forth in sections 10 through 16 of this chapter is already agreed to before July 1, 2022, by the parties involved, the standard does not:

(1) apply to any proposal, request, or application that:

(A) concerns the permitting, construction, installation, siting, modification, operation, or decommissioning of one (1) or more wind power devices in a unit;

(B) is submitted by a project owner to a unit before July 1, 2022; and

(C) is pending approval or has been approved as of July 1, 2022;

as set forth in IC 36-7-4-1109;

(2) affect the:

(A) permitting;

(B) construction;

(C) installation;

(D) siting;

(E) modification;

(F) operation; or

(G) decommissioning;

of one (1) or more wind power devices in a unit that before July 1, 2022, has approved such permitting, construction, installation, siting, modification, operation, or decommissioning; or

(3) affect any:

(A) economic development agreement; or

(B) other agreement;

entered into before July 1, 2022, with respect to the permitting, construction, installation, siting, modification, operation, or decommissioning of one (1) or more wind power devices in one (1) or more units.

     (d) As used in this section, “wind energy ready community” means a unit that has voluntarily adopted:

(1) the standards set forth in sections 10 through 16 of this chapter; or

(2) standards less restrictive than the standards set forth in sections 10 through 16 of this chapter.

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

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