reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-3. "Nonparticipating Property"

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 other facilities related to a wind power project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure); or
(ii) to otherwise enter into a lease or any other agreement with the owner of the property for use of all or part of the property in connection with a wind power project; or
(B) the owner of the property does not consent:
(i) to having one (1) or more wind power devices or other facilities related to a wind power project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure) installed or located; or
(ii) to otherwise enter into a lease or any other agreement with the project owner for use of all or part of the property in connection with a wind power project.
(b) The term does not include a lot or parcel of real property otherwise described in subsection (a) if the owner of the lot or parcel consents to participate in a wind power project through a neighbor agreement, a participation agreement, or another similar arrangement or agreement with a project owner.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-4. "Permit Authority"

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, operation, or decommissioning of wind power devices in the unit.
(b) The term does not include:
(1) the state or any of its agencies, departments, boards, commissions, authorities, or instrumentalities; or
(2) a court or other judicial body that reviews decisions or rulings made by a permit authority.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-5. "Project Owner"

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 person described in subsection (a).
(c) The term does not include an electricity supplier (as defined in IC 8-1-2.3-2).
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-6. "Unit"

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 unincorporated areas of the county and one (1) or more municipalities within the county; or
(C) entirely within two (2) or more municipalities within the county; or
(2) a municipality, if:
(A) a project owner, as part of a single wind power project or development, seeks to locate one (1) or more wind power devices entirely within the boundaries of the municipality; and
(B) subdivision (1)(B) or (1)(C) does not apply.
(b) The term refers to:
(1) each county described in subsection (a)(1) in which a project owner seeks to locate one (1) or more wind power devices, if the project owner seeks to locate wind power devices in more than one (1) county as part of a single wind power project or development; and
(2) each municipality described in subsection (a)(2) in which a project owner seeks to locate one (1) or more wind power devices, if the project owner seeks to locate wind power devices in two (2) or more municipalities, each of which is located in a different county.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-7. "Wind Power Device"

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-8. "Wind Power Regulation"

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, construction, installation, siting, modification, operation, or decommissioning of wind power devices in the unit.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-9. Permit Authority Responsible for Enforcing Compliance With 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 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 and enforce a wind power regulation that includes standards that:
(A) concern the permitting, construction, installation, siting, modification, operation, or decommissioning of wind power devices in the unit; and
(B) are less restrictive than the standards set forth in this chapter;
(2) waive or make less restrictive any standard set forth in this chapter with respect to any particular:
(A) wind power device; or
(B) project to install one (1) or more wind power devices in the unit; or
(3) waive or make less restrictive any standard that is not set forth in this chapter but that is included in a wind power regulation adopted by the unit with respect to any particular:
(A) wind power device; or
(B) project to install one (1) or more wind power devices in the unit.
(c) This chapter does not affect a unit's planning and zoning powers under IC 36-7 with respect to the permitting, construction, installation, or siting of one (1) or more wind power devices in the unit.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-11. Shadow Flicker; Limits With Respect to Nonparticipating 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 unless the project owner demonstrates to the permit authority that with respect to each wind power device that the project owner seeks to install or locate in the unit:
(1) the project owner has used shadow flicker computer modeling to estimate the amount of shadow flicker anticipated to be caused by the wind power device; and
(2) the wind power device has been designed such that industry standard computer modeling indicates that any dwelling on a nonparticipating property within the unit will not experience more than thirty (30) hours per year of shadow flicker under planned operating conditions for the wind power device.
(b) After a project owner installs or locates a wind power device in a unit, the project owner shall work with the owner of any affected dwelling on a nonparticipating property to mitigate the effects of shadow flicker to the extent reasonably practicable.
(c) The requirement set forth in subsection (a)(2) may be waived with respect to any one (1) wind power device, subject to the written consent of the owner of each affected nonparticipating property.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-12. Signal Interference

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 defense radar;
(5) radio reception; or
(6) weather and doppler radar.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-13. Sound Level Limitations; Waiver of Requirement With Consent of 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 will operate in a manner such that the sound attributable to the wind power device will not exceed an hourly average sound level of fifty (50) A-weighted decibels, as modeled at the outer wall of an affected dwelling.
(b) The requirement set forth in subsection (a) may be waived with respect to any one (1) wind power device, subject to the written consent of the owner of each affected property.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-14. "Wind Turbine Light Mitigation Technology"; Required After 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 from the wind power device.
(b) Except as otherwise allowed by IC 36-7-4-1109, after January 1, 2023, and to the extent permissible under federal law or regulations, a wind power device on property in a unit must be equipped with a wind turbine light mitigation technology, unless:
(1) the Federal Aviation Administration denies the project owner's application to use a wind turbine light mitigation technology;
(2) the wind turbine light mitigation technology application is pending review by the appropriate federal agencies; or
(3) the project owner determines that the use of a wind turbine light mitigation technology is not economically feasible.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 41. Default Standards for Wind Power Devices › 8-1-41-15. Damage to Drainage Infrastructure; Repair; Installation of New 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 infrastructure caused by the construction, installation, or maintenance of a wind power device must be completely repaired by the project owner or remedied with the installation of new drainage infrastructure so as to not impede the natural flow of water. All repairs must be completed within a reasonable period of time and:
(1) to the satisfaction of the unit; and
(2) as stated in an applicable lease or another agreement with the landowner;
subject to applicable federal, state, and local drainage laws and regulations.
As added by P.L.90-2022, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-1. Applicability; "Solar Energy Ready Community"

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 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 CSE systems in a unit that qualifies as a solar 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 who seeks to install a solar energy device (as defined in IC 32-23-4-3) 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.
(c) Unless a standard set forth in sections 10 through 20 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 CSE systems 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 CSE systems 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 CSE systems in one (1) or more units.
(d) As used in this section, "solar energy ready community" means a unit that has voluntarily adopted:
(1) the standards set forth in sections 10 through 20 of this chapter; or
(2) standards less restrictive than the standards set forth in sections 10 through 20 of this chapter.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-2. "Commercial Solar Energy System"

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 wholesale; and
(B) for use in locations other than where it is generated.
(b) The term includes solar panels, collection and feeder lines, generation tie lines, substations, ancillary buildings, solar monitoring stations, and accessory equipment or structures.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-3. "Commercial Solar Regulation"

Sec. 3. As used in this chapter, "commercial solar 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, construction, installation, siting, modification, operation, or decommissioning of CSE systems in the unit.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-4. "Dwelling"

Sec. 4. 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.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-5. "Nonparticipating Property"

Sec. 5. (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 CSE systems or other facilities related to a CSE system project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure); or
(ii) to otherwise enter into a lease or any other agreement with the owner of the property for use of all or part of the property in connection with a CSE system project; or
(B) the owner of the property does not consent:
(i) to having one (1) or more CSE systems or other facilities related to a CSE system project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure) installed or located; or
(ii) to otherwise enter into a lease or any other agreement with the project owner for use of all or part of the property in connection with a CSE system project.
(b) The term does not include a lot or parcel of real property otherwise described in subsection (a) if the owner of the lot or parcel consents to participate in a CSE system project through a neighbor agreement, a participation agreement, or another similar arrangement or agreement with a project owner.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-6. "Permit Authority"

Sec. 6. (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, operation, or decommissioning of CSE systems in the unit.
(b) The term does not include:
(1) the state or any of its agencies, departments, boards, commissions, authorities, or instrumentalities; or
(2) a court or other judicial body that reviews decisions or rulings made by a permit authority.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-7. "Project Owner"

Sec. 7. (a) As used in this chapter, "project owner" means a person that:
(1) will own one (1) or more CSE systems proposed to be located in a unit; or
(2) owns one (1) or more CSE systems located in a unit.
(b) The term includes an agent or a representative of a person described in subsection (a).
(c) The term does not include an electricity supplier (as defined in IC 8-1-2.3-2).
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-8. "Unit"

Sec. 8. (a) As used in this chapter, "unit" refers to:
(1) a county, if a project owner, as part of a single CSE system project or development, seeks to locate one (1) or more CSE systems:
(A) entirely within unincorporated areas of the county;
(B) within both unincorporated areas of the county and one (1) or more municipalities within the county; or
(C) entirely within two (2) or more municipalities within the county; or
(2) a municipality, if:
(A) a project owner, as part of a single CSE system project or development, seeks to locate one (1) or more CSE systems entirely within the boundaries of the municipality; and
(B) subdivision (1)(B) or (1)(C) does not apply.
(b) The term refers to:
(1) each county described in subsection (a)(1) in which a project owner seeks to locate one (1) or more CSE systems, if the project owner seeks to locate CSE systems in more than one (1) county as part of a single CSE system project or development; and
(2) each municipality described in subsection (a)(2) in which a project owner seeks to locate one (1) or more CSE systems, if the project owner seeks to locate CSE systems in two (2) or more municipalities, each of which is located in a different county.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-9. Permit Authority Responsible for Enforcing Compliance With 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 compliance with any standards set forth in sections 10 through 20 of this chapter that apply in the unit under section 1(a) of this chapter.
(b) A unit may:
(1) adopt and enforce a commercial solar regulation that includes standards that:
(A) concern the permitting, construction, installation, siting, modification, operation, or decommissioning of CSE systems in the unit; and
(B) are less restrictive than the standards set forth in this chapter;
(2) waive or make less restrictive any standard set forth in this chapter with respect to any particular:
(A) CSE system; or
(B) project to install one (1) or more CSE systems in the unit; or
(3) waive or make less restrictive any standard that is not set forth in this chapter but that is included in a commercial solar regulation adopted by the unit with respect to any particular:
(A) CSE system; or
(B) project to install one (1) or more CSE systems in the unit.
(c) This chapter does not affect a unit's planning and zoning powers under IC 36-7 with respect to the permitting, construction, installation, or siting of one (1) or more CSE systems in the unit.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-10. Setback Requirements; Highways, Collector Roads, and Local 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 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 to:
(1) the nearest edge of the right-of-way for any:
(A) federal interstate highway, federal highway, state highway, or county highway is at least forty (40) feet;
(B) collector road is at least thirty (30) feet; or
(C) local road is at least ten (10) feet; or
(2) the property line of any nonparticipating property is at least fifty (50) feet.
(b) 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 to the nearest point on the outer wall of a dwelling located on a nonparticipating property is at least two hundred fifty (250) feet.
(c) Subject to subsection (e), and except as otherwise allowed by IC 36-7-4-1109, if a project owner installs a CSE system within a distance of two hundred fifty (250) feet, measured as a straight line, from the nearest outer edge of the CSE system's solar panels to the nearest point on the outer wall of a dwelling located on a nonparticipating property, the project owner shall install a landscape buffer in the area between the nearest outer edge of the CSE system's solar panels and the nonparticipating property owner's property line that faces the CSE system's solar panels. The landscape buffer must be:
(1) in a location that is not on the property of the nonparticipating property owner; and
(2) constructed from such materials;
as set forth in a plan submitted to the unit during the permitting and approval process for the CSE system.
(d) 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 height of the CSE system solar panels are not more than twenty-five (25) feet above ground level when the CSE system's arrays are at full tilt. However, a permit authority or a unit may not impose a clearance requirement between the ground and the bottom edge of a CSE system's solar panels.
(e) The:
(1) distance requirements set forth in subsection (a)(2) and subsection (b); and
(2) requirement for the installation of a landscape buffer set forth in subsection (c);
may be waived with respect to the siting of any one (1) CSE system, subject to the written consent of the owner of each affected nonparticipating property.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-11. Ground Cover; Vegetation Plan

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 project site buffer areas. The use of pollinator seed mixes in the planting of ground cover required by this section is encouraged. A unit or permit authority may require a project owner to prepare for a project site a vegetation plan that:
(1) is compatible with each CSE system on the project site;
(2) provides for the planting of noninvasive species and the use of native or naturalized species if the planting and use of noninvasive and native or naturalized species are:
(A) appropriate to the region;
(B) economically feasible; and
(C) agreed to by the landowner;
in order to reduce storm water runoff and erosion at the site and to provide habitat for wildlife and insects; and
(3) provides for site preparation and maintenance practices designed to control invasive species and noxious weeds (as defined in IC 15-16-7-2).
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-12. Fencing

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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-13. Underground Cables; Aboveground Infrastructure; Depth of 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 project substations shall be located and maintained underground, as feasible. Other solar infrastructure, such as module-to-module collection cables, transmission lines, substations, junction boxes, and other typical aboveground infrastructure may be located and maintained above ground. Buried cables shall be at a depth of at least thirty-six (36) inches below grade or, if necessitated by onsite conditions, at a greater depth. Cables and lines located outside of the CSE system project site may:
(1) be located above ground; or
(2) in the case of cables or lines of up to thirty-four and one-half (34.5) kilovolts, be buried underground at:
(A) a depth of at least forty-eight (48) inches below grade, so as to not interfere with drainage tile or ditch repairs; or
(B) another depth, as necessitated by conditions;
as determined in consultation with the landowner.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-14. Glare Minimization; Adjacent Properties and Roadways; 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 added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-15. Signal Interference

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;
(5) radio reception; or
(6) weather and doppler radar.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-16. Sound Level Limitations; Waiver of Requirement With Consent of 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 system will operate in a manner such that the sound attributable to the CSE system will not exceed an hourly average sound level of fifty (50) A-weighted decibels, as modeled at the outer wall of a dwelling located on an adjacent nonparticipating property.
(b) The requirement set forth in subsection (a) may be waived with respect to any one (1) CSE system, subject to the written consent of the owner of each adjacent nonparticipating property.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-17. Damage to Drainage Infrastructure; Repair; Installation of New Infrastructure

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 the construction, installation, or maintenance of a CSE system must be completely repaired by the project owner or remedied with the installation of new drainage infrastructure so as to not impede the natural flow of water. All repairs must be completed within a reasonable period of time and:
(1) to the satisfaction of the unit; and
(2) as stated in an applicable lease or another agreement with the landowner;
subject to applicable federal, state, and local drainage laws and regulations.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-19. Cse System's Failure to Generate Electricity; Presumed Abandonment; Required Removal of Project Assets; Project Owner's Failure to Remove Assets; Removal of Assets by Permit Authority; Recovery of Costs

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; and
(2) all CSE system project assets shall be removed in accordance with section 18(c) of this chapter not later than one (1) year after the date of abandonment specified in subdivision (1).
(b) In the case of abandonment, as described in subsection (a), if the project owner fails to remove the CSE system project assets not later than one (1) year after the date of abandonment, as required by subsection (a)(2), the permit authority may engage qualified contractors to:
(1) enter the project site;
(2) remove the CSE system project assets;
(3) sell any assets removed; and
(4) remediate the site;
and may initiate proceedings to recover any costs incurred.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 42. Default Standards for Commercial Solar Energy Systems › 8-1-42-20. "Force Majeure Event"; Cessation of Electricity Generation; Project Owner's Notice to Permit Authority; Failure to Resume Operations; Presumed Abandonment; Project Owner's Failure to Remove Assets; Removal of Assets by Permit Authority; Recovery 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 over which a project owner has no control.
(b) If a force majeure event results in a CSE system not generating electricity, the project owner shall:
(1) as soon as practicable after the occurrence of the force majeure event, provide notice to the permit authority of the event and of the resulting cessation of generating operations; and
(2) demonstrate to the permit authority that the CSE system will be substantially operational and generating electricity not later than twelve (12) months after the occurrence of the force majeure event.
(c) If the CSE system does not become substantially operational and resume generating electricity within the time set forth in subsection (b)(2):
(1) the CSE system is considered abandoned as of the date that is three hundred sixty-five (365) days after the date on which the CSE system last generated electricity, unless the project owner demonstrates to the permit authority that the project owner is using all commercially reasonable efforts to resume generation; and
(2) all CSE system project assets shall be removed in accordance with section 18(c) of this chapter not later than one (1) year after the date of abandonment specified in subdivision (1).
(d) In the case of presumed abandonment, as described in subsection (c), if the project owner fails to remove the CSE system project assets not later than one (1) year after the date of abandonment, as required by subsection (c)(2), the permit authority may engage qualified contractors to:
(1) enter the project site;
(2) remove the CSE system project assets;
(3) sell any assets removed; and
(4) remediate the site;
and may initiate proceedings to recover any costs incurred.
As added by P.L.90-2022, SEC.2.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 43. Pilot Programs for Infrastructure for Public Use Electric Vehicles › 8-1-43-1. "Charging Infrastructure"

Sec. 1. (a) As used in this chapter, "charging infrastructure" means:
(1) structures;
(2) machinery;
(3) equipment;
(4) hardware;
(5) software; and
(6) other capital investments;
installed to support and charge one (1) or more electric vehicles.
(b) The term includes Level 2 charging stations, direct-current fast charging stations, and battery exchange stations.
As added by P.L.94-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 43. Pilot Programs for Infrastructure for Public Use Electric Vehicles › 8-1-43-2. "Commission"

Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
As added by P.L.94-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 43. Pilot Programs for Infrastructure for Public Use Electric Vehicles › 8-1-43-3. "Electric Utility"

Sec. 3. As used in this chapter, "electric utility" means a public utility (as defined in IC 8-1-2-1(a)) that:
(1) furnishes retail electric service to customers in Indiana; and
(2) is under the jurisdiction of the commission for the approval of rates and charges.
As added by P.L.94-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 43. Pilot Programs for Infrastructure for Public Use Electric Vehicles › 8-1-43-4. "Electric Vehicle"

Sec. 4. (a) As used in this chapter, "electric vehicle", or "EV", means a vehicle that employs electrical energy as a primary or secondary mode of propulsion.
(b) The term includes:
(1) all-electric vehicles; and
(2) plug-in hybrid electric vehicles.
As added by P.L.94-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 43. Pilot Programs for Infrastructure for Public Use Electric Vehicles › 8-1-43-5. "Make-Ready Infrastructure"

Sec. 5. As used in this chapter, "make-ready infrastructure" means the:
(1) structures;
(2) machinery;
(3) equipment;
(4) hardware;
(5) software;
(6) storage batteries; and
(7) other capital investments;
installed to connect charging infrastructure to an electric utility's distribution system, including any necessary upgrades to the electric utility's distribution system.
As added by P.L.94-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 43. Pilot Programs for Infrastructure for Public Use Electric Vehicles › 8-1-43-6. "Public Use Electric Vehicle"

Sec. 6. (a) As used in this chapter, "public use electric vehicle", or "public use EV", means any of the following electric vehicles that is used primarily to serve the public, regardless of whether the electric vehicle (or any associated charging infrastructure) is owned, leased, or operated by, or on behalf of, a governmental or private entity:
(1) An electric school bus.
(2) An electric transit bus.
(3) An electric vehicle that is used by a public or private commercial enterprise primarily to deliver goods or services to the public.
(b) The term does not include an electric vehicle that is used primarily for personal, family, or household purposes, or for commuting.
As added by P.L.94-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 43. Pilot Programs for Infrastructure for Public Use Electric Vehicles › 8-1-43-7. "Public Use Electric Vehicle Pilot Program"

Sec. 7. As used in this chapter, "public use electric vehicle pilot program", or "pilot program", means a limited deployment of:
(1) charging infrastructure; or
(2) make-ready infrastructure;
that is designed to evaluate the feasibility and design, including the associated costs and benefits, of a larger scale deployment of such infrastructure necessary to support public use electric vehicles.
As added by P.L.94-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 43. Pilot Programs for Infrastructure for Public Use Electric Vehicles › 8-1-43-9. Commission to Adopt Implementing Rules

Sec. 9. The commission shall adopt rules under IC 4-22-2 to implement this chapter. In adopting rules under this section, the commission may adopt emergency rules in the manner provided by IC 4-22-2-37.1. Notwithstanding IC 4-22-2-37.1(g), an emergency rule adopted by the commission under this section and in the manner provided by IC 4-22-2-37.1 expires on the date on which a rule that supersedes the emergency rule is adopted by the commission under IC 4-22-2-24 through IC 4-22-2-36.
As added by P.L.94-2022, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 1. Definitions › 8-1.5-1-2. "Acquisition"

Sec. 2. "Acquisition" includes the following methods of obtaining property:
(1) Purchases.
(2) Condemnation.
(3) Leases.
(4) Exchanges.
(5) Acceptance of gifts.
As added by Acts 1982, P.L.74, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 1. Definitions › 8-1.5-1-5. "Executive"

Sec. 5. "Executive" means:
(1) mayor, for a city; or
(2) president of the town council, for a town.
As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.8-1989, SEC.40.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 1. Definitions › 8-1.5-1-6. "Fiscal Officer"

Sec. 6. "Fiscal officer" means:
(1) controller, for a second class city;
(2) clerk-treasurer, for a third class city; or
(3) clerk-treasurer, for a town.
As added by Acts 1982, P.L.74, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 1. Definitions › 8-1.5-1-7. "Legislative Body"

Sec. 7. "Legislative body" means:
(1) common council, for a city; or
(2) town council, for a town.
As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.8-1989, SEC.41.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 1. Definitions › 8-1.5-1-9. "Person"

Sec. 9. "Person" means individual, firm, corporation, partnership, limited liability company, trustee, lessee, or receiver.
As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.8-1993, SEC.132.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 1. Definitions › 8-1.5-1-10. "Utility"; "Municipally Owned Utility"; "Public Utility"

Sec. 10. "Utility", "municipally owned utility", and "public utility" have the meanings set forth in IC 8-1-2-1. However, notwithstanding IC 8-1-2-1(g), for purposes of IC 8-1.5-2-4 through IC 8-1.5-2-6.1, the term:
(1) "utility" includes any plant or equipment that is:
(A) used within Indiana for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste; and
(B) acquired, owned, or operated by a municipality described in subdivision (2); and
(2) "municipally owned utility" includes a municipality that acquires, owns, or operates facilities for the collection, treatment, purification, and disposal in a sanitary manner of liquid and solid waste, sewage, night soil, and industrial waste.
As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.98-2016, SEC.6.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities › 8-1.5-2-2. Application of Chapter; Additional Exceptions

Sec. 2. (a) This chapter does not apply to utilities governed by:
(1) IC 8-1-13; or
(2) IC 8-1-2 except for a municipally owned electric, water, wastewater, or combined water and wastewater utility.
(b) The law relating to acquisition of electric utility property and to electricity suppliers' service area assignments shall be governed by IC 8-1-2.3 and IC 8-1-2-95.1, and nothing in this chapter modifies or abridges those provisions.
As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.68-2015, SEC.1; P.L.120-2021, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities › 8-1.5-2-3. Disposition, Construction, and Acquisition of Utilities; Lease and Operation of Waterworks Facilities

Sec. 3. (a) Subject to restrictions imposed by a bond ordinance, resolution, indenture, contract under IC 8-1-2.2, or similar instrument binding upon it, a municipality may sell or otherwise dispose of any of its municipally owned utilities under this chapter.
(b) A municipality may own, lease, acquire, or construct a utility within the corporate boundaries of the municipality, and within a radius of six (6) miles from those boundaries or any place within the county in which the municipality is located, under this chapter without the consent of any agency other than the municipal legislative body. Waterworks facilities may be leased from a public utility and operated in conjunction with its municipal waterworks, whether or not the leased facilities are located within the corporate boundaries of the municipality, if the area served by the leased facilities outside those boundaries is contiguous to, or within one (1) mile of, those boundaries. For purposes of IC 36-4-3, a municipality that leases and operates waterworks serving such an area is considered to be furnishing water service to the area.
As added by Acts 1982, P.L.74, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1.5. Municipal Utilities › Chapter 2. Transfer, Acquisition, and Improvement of Utilities by Municipalities › 8-1.5-2-4. Sale of Nonsurplus Property; Writing Providing for Appraisal; Sufficiency of Written Contracts With Appraisers

Sec. 4. Whenever the municipal legislative body or the municipal executive determines to sell or otherwise dispose of nonsurplus municipally owned utility property, it shall provide for the following in a writing that shall be made available, upon request, for inspection and copying at the offices of the municipality's municipally owned utility in accordance with IC 5-14-3:
(1) The appointment, as follows, of three (3) residents of Indiana to serve as appraisers:
(A) One (1) disinterested person who is an engineer licensed under IC 25-31-1.
(B) One (1) disinterested appraiser licensed under IC 25-34.1.
(C) One disinterested person who is either:
(i) an engineer licensed under IC 25-31-1; or
(ii) an appraiser licensed under IC 25-34.1.
(2) The appraisal of the property.
(3) The time that the appraisal is due.
It is sufficient for purposes of this section that the municipal legislative body or municipal executive provides for the appointment in written contracts with the appraisers or the firms with whom the appraisers are employed.
As added by Acts 1982, P.L.74, SEC.1. Amended by P.L.113-2006, SEC.2; P.L.103-2008, SEC.2; P.L.68-2015, SEC.2; P.L.98-2016, SEC.7; P.L.229-2019, SEC.7.