§ 22-14-8-4 — Department of homeland security regulation of installation or expansion of utility scale battery energy storage systems

Indiana § 22-14-8-4

• Jurisdiction: Indiana
• Art. 14: FIRE SAFETY LAWS: ENFORCEMENT
• Ch. 8: Utility Scale Battery Energy Storage Systems

Text

(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.

Legislative History

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