(a)A unit may apply to the office for
certification as a commercial solar energy ready community. The
application must be in a form and manner prescribed by the office.
Subject to section 12(c) of this chapter, the office may approve an
application and certify a unit as a commercial solar energy ready
community if the office determines the following:
(1)That the unit has adopted a commercial solar regulation that
includes clear standards for the construction, installation, siting,
modification, operation, or decommissioning of one (1) or more
commercial solar energy systems (as defined in IC 8-1-42-2) in
the unit.
(2)That the unit's commercial solar regulation:
(A)includes standards that are not more restrictive, directly or
indirectly, than the default standards for commercial solar
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(a) A unit may apply to the office for
certification as a commercial solar energy ready community. The
application must be in a form and manner prescribed by the office.
Subject to section 12(c) of this chapter, the office may approve an
application and certify a unit as a commercial solar energy ready
community if the office determines the following:
(1) That the unit has adopted a commercial solar regulation that
includes clear standards for the construction, installation, siting,
modification, operation, or decommissioning of one (1) or more
commercial solar energy systems (as defined in IC 8-1-42-2) in
the unit.
(2) That the unit's commercial solar regulation:
(A) includes standards that are not more restrictive, directly or
indirectly, than the default standards for commercial solar
energy systems set forth in IC 8-1-42;
(B) provides a clear and transparent process for project owners
to identify potential commercial solar project sites;
(C) does not unreasonably eliminate portions of the unit as sites
for commercial solar projects;
(D) provides for a fair review and approval process for
proposed commercial solar projects, including final approval
that cannot be revoked; and
(E) includes a specific plan for using any funds from an
incentive granted by the office under subsection (d):
(i) for economic development purposes within or near the
commercial solar project's footprint; or
(ii) to otherwise benefit residents and businesses within or
near the commercial solar project's footprint.
(3) That the unit has demonstrated a commitment to maintain:
(A) the standards and procedural framework set forth in the
unit's commercial solar regulation; and
(B) all applicable zoning, land use, and planning regulations;
with respect to any particular commercial solar project that is
approved under the unit's commercial solar regulation, for a
period of at least ten (10) years, beginning with the start date of
the commercial solar project's full commercial operation or the
date of the office's certification of the unit under this section,
whichever is later.
(b) If a unit has not adopted a commercial solar regulation, the unit
may apply to the office for certification as a commercial solar energy
ready community. The application must be in a form and manner
prescribed by the office. Subject to section 12(c) of this chapter, the
office may approve an application and certify a unit as a commercial
solar energy ready community if the office determines the following:
(1) That the unit has clear standards for the construction,
installation, siting, modification, operation, or decommissioning
of one (1) or more commercial solar energy systems (as defined
in IC 8-1-42-2) in the unit.
(2) That the unit's clear standards:
(A) are not more restrictive, directly or indirectly, than the
default standards for commercial solar energy systems set forth
in IC 8-1-42;
(B) provide a clear and transparent process for project owners
to identify potential commercial solar project sites;
(C) do not unreasonably eliminate portions of the unit as sites
for commercial solar projects;
(D) provide for a fair review and approval process for proposed
commercial solar projects, including final approval that cannot
be revoked; and
(E) include a specific plan for using any funds from an
incentive granted by the office under subsection (d):
(i) for economic development purposes within or near the
commercial solar project's footprint; or
(ii) to otherwise benefit residents and businesses within or
near the commercial solar project's footprint.
(3) That the unit has demonstrated a commitment to maintain its
clear standards for a period of at least ten (10) years, beginning
with the start date of the commercial solar project's full
commercial operation or the office's certification of the unit under
this section, whichever is later.
(c) For purposes of subsection (b), the office may consider one (1)
or more of the following as evidence of a unit's clear standards with
respect to the construction, installation, siting, modification, operation,
or decommissioning of one (1) or more commercial solar energy
systems (as defined in IC 8-1-42-2) in the unit:
(1) A contract or an otherwise binding agreement between the
unit and a project owner.
(2) An economic development agreement.
(3) Any other documentation that the office determines provides
sufficient evidence of the unit's clear standards.
(d) If:
(1) a unit receives certification as a commercial solar energy
ready community by the office under this section;
(2) after the unit's certification, a commercial solar project is
constructed or has been constructed in the unit; and
(3) the fund is established and there is a sufficient balance in the
fund;
the office may authorize the unit to receive from the fund, for a period
of ten (10) years beginning with the start date of the commercial solar
project's full commercial operation or the date of the office's
certification of the unit under this section, whichever is later, one dollar
($1) per megawatt hour of electricity generated by the commercial solar
project, if the office determines that the procedures and standards set
forth in the unit's commercial solar regulation under subsection (a) or
the unit's clear standards under subsection (b), as applicable, were
adhered to in the development of the project. However, if the office
determines at any time after the start of the commercial solar project's
full commercial operation that the unit has failed to continue to meet
the requirement for certification set forth in subsection (a)(3) or (b)(3),
as applicable, the office shall discontinue the incentive granted under
this subsection and shall require the unit to return to the fund any
amounts collected by the unit under this subsection after the unit's
breach of the requirement for certification set forth in subsection (a)(3)
or (b)(3), as applicable.
(e) After:
(1) a unit receives certification as a commercial solar energy
ready community under this section; and
(2) a project owner constructs a commercial solar project that
qualifies the unit to receive the incentive payments under
subsection (d);
the project owner shall annually report to the office the total megawatt
hours generated by the commercial solar project in the previous year.