Indiana § 8-1-41-1 Applicability; "wind energy ready community"

Indiana Statutes

§ 8-1-41-1 — Applicability; "wind energy ready community"

Indiana § 8-1-41-1

Art. 1UTILITIES GENERALLY

Ch. 41Default Standards for Wind Power Devices

This text of Indiana § 8-1-41-1 (Applicability; "wind energy ready community") is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 8-1-41-1 (2026).

Text

(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 16 of this chapter, or standards less restrictive than the standards set forth in sections 10 through 16 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 wind power devices in a unit that qualifies as a wind 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 that seeks to install a wind power device on the property owner's premises for the purpose of generating electricity to meet or offset all or part of the need for electricity

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(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 16 of this chapter, or
standards less restrictive than the standards set forth in sections 10
through 16 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 wind power devices in a unit that qualifies as a wind 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 that seeks to install a
wind power device 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 16 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
wind power devices 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 wind power devices 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 wind power devices in one
(1) or more units.
(d) As used in this section, "wind energy ready community" means
a unit that has voluntarily adopted:
(1) the standards set forth in sections 10 through 16 of this
chapter; or
(2) standards less restrictive than the standards set forth in
sections 10 through 16 of this chapter.