§ 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

Indiana § 8-1-42-19

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 42: Default Standards for Commercial Solar Energy

Text

(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.

Legislative History

As added by P.L.90-2022, SEC.2.