§ 4-3-23.1-14 — Certification as wind energy ready community; application to office; determinations for certification; financial incentive for certified unit; annual reporting of energy generated

Indiana § 4-3-23.1-14

• Jurisdiction: Indiana
• Art. 3: GOVERNOR
• Ch. 23.1: Commercial Solar and Wind Energy Ready

Text

(a) A unit may apply to the office for
certification as a wind 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 wind energy ready community if the office determines the
following:
(1) That the unit has adopted a wind power regulation that
includes clear standards for the construction, installation, siting,
modification, operation, or decommissioning of one (1) or more
wind power devices (as defined in IC 8-1-41-7) in the unit.
(2) That the unit's wind power regulation:
(A) includes standards that are not more restrictive, directly or
indirectly, than the default standards for wind power devices set
forth in IC 8-1-41;
(B) provides a clear and transparent process for project owners
to identify potential wind power project sites;
(C) does not unreasonably eliminate portions of the unit as sites
for wind power projects;
(D) provides for a fair review and approval process for
proposed wind power 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
wind power project's footprint; or
(ii) to otherwise benefit residents and businesses within or
near the wind power 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 wind power regulation; and
(B) all applicable zoning, land use, and planning regulations;
with respect to any particular wind power project that is approved
under the unit's wind power regulation, for a period of at least ten
(10) years, beginning with the start date of the wind power
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 wind power regulation, the unit may
apply to the office for certification as a wind 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 wind 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 wind power devices (as defined in IC 8-1-41-7)
in the unit.
(2) That the unit's clear standards:
(A) are not more restrictive, directly or indirectly, than the
default standards for wind power devices set forth in IC 8-1-41;
(B) provide a clear and transparent process for project owners
to identify potential wind power project sites;
(C) do not unreasonably eliminate portions of the unit as sites
for wind power projects;
(D) provide for a fair review and approval process for proposed
wind power 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
wind power project's footprint; or
(ii) to otherwise benefit residents and businesses within or
near the wind power 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 wind power project's full commercial
operation or date of 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 wind power devices (as defined
in IC 8-1-41-7) 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 wind energy ready community
by the office under this section;
(2) after the unit's certification, a wind power 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 wind power
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 wind power
project, if the office determines that the procedures and standards set
forth in the unit's wind power 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 wind power 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 wind energy ready community
under this section; and
(2) a project owner constructs a wind power project that qualifies
the unit to receive the incentive under subsection (d);
the project owner shall annually report to the office the total megawatt
hours generated by the wind power project in the previous year.

Legislative History

As added by P.L.50-2023, SEC.1. Amended by P.L.9-2024, SEC.38; P.L.87-2024, SEC.5.