2023 Indiana Code › Title 22. Labor and Safety › Article 14. Fire Safety Laws: Enforcement › Chapter 8. Utility Scale Battery Energy Storage Systems › 22-14-8-4. Department of Homeland Security Regulation of Installation or Expansion of Utility Scale Battery Energy Storage Systems

Sec. 4. (a) After June 30, 2023, a person may not:
(1) install a new utility scale battery energy storage system; or
(2) expand the capacity of an existing utility scale battery energy storage system by more than ten percent (10%) of the system's original capacity;
without applying for and obtaining the prior approval of the department.
(b) An application for approval under subsection (a) must be in the form and manner specified by the department and must include the following information:
(1) The proposed location, including the county, of the utility scale battery energy storage system.
(2) Plans and specifications for the utility scale battery energy storage system.
(3) A description of the manner in which the utility scale battery energy storage system will comply with the requirements set forth in sections 6 through 8 of this chapter, as applicable.
(4) The applicant's proposed emergency response plan for responding to a:
(A) fire at; or
(B) discharge or threatened discharge of environmental contaminants by;
the utility scale battery energy storage system.
(5) The applicant's plan for offering emergency response training under section 9 of this chapter.
The operator of a utility scale battery energy storage system for which installation is complete before July 1, 2023, shall submit to the department before January 1, 2024, a notice providing the information set forth in this subsection with respect to the utility scale battery energy storage system.
(c) An application fee of two hundred fifty dollars ($250) per application must be included with each application submitted under this section.
(d) Not later than thirty (30) days after the department receives an application for approval under subsection (a) and the accompanying application fee under subsection (c), the department shall provide notice to the applicant of the department's approval or disapproval of the application. The department shall approve an application that complies with this chapter.
(e) The department may adopt procedures under which the department:
(1) evaluates an application for approval under subsection (a); and
(2) makes a determination as to whether to approve the installation or expansion proposed by the application.
(f) The department is the sole authority with respect to the regulation and approval of the installation or expansion of a utility scale battery energy storage system. Subject to subsection (g), a local unit may not:
(1) require the owner or operator of a utility scale battery energy storage system to obtain a separate approval, permit, or license for the installation, expansion, or operation of the utility scale battery energy storage system;
(2) impose any fee on the owner or operator of a utility scale battery energy storage system; or
(3) regulate the ownership or operation of a utility scale battery energy storage system.
(g) Subsection (f) does not:
(1) affect the ability of a local unit to exercise zoning, land use, planning, or permitting authority otherwise allowed under law, including IC 36-7, with respect to the installation or expansion of a utility scale battery energy storage system;
(2) exempt an applicant for the installation or expansion of a utility scale battery energy storage system from complying with applicable laws and ordinances concerning land use; or
(3) affect the authority of the Indiana utility regulatory commission granted under IC 8.
As added by P.L.217-2023, SEC.1.