§ 8-1-8.2-10 — Construction of electric generation facility on energy production zone; exemption from permitting requirements or zoning approval; notice to local authority; required information; public hearing; notice of change

Indiana § 8-1-8.2-10

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 8.2: Energy Production Zones

Text

(a) A project owner is not required to obtain
a permit, or any other land use or zoning approval, from a local
authority for the construction of an electric generation facility if:
(1) the commission:
(A) grants the project owner a certificate under IC 8-1-8.5-2 for
the construction; or
(B) declines jurisdiction over the construction under IC 8-1-2.5-5;
(2) the electric generating facility will be located on a premise of
land that is an energy production zone; and
(3) the project owner complies with subsections (b) and (c).
(b) Not later than two hundred seventy (270) days before beginning
construction to which subsection (a) applies, a project owner shall
provide notice of the construction to the local authority with planning
authority under IC 36-7 for the premise of land on which the
construction will occur. The notice must include the following
information with regard to the construction and the electric generation
facility to be constructed:
(1) A comprehensive description of the electric generation
facility, including the following:
(A) The planned generation capacity of the electric generation
facility, expressed in megawatts.
(B) The energy source or technology that will be used by the
electric generation facility to generate electricity.
(C) The expected operational lifespan of the electric generation
facility.
(2) The expected date on which the construction will begin.
(3) The expected date on which the electric generation facility
will begin operation.
(4) Whether the electric generation facility will provide retail
electric service, wholesale electric service, or both.
(5) The project owner's plan for eventual decommissioning of the
electric generation facility.
(6) If construction of the electric generation facility will entail
decommissioning an existing electric generation facility that is
located on the premise of land on which the electric generation
facility will be located, the project owner's plan for
decommissioning the existing electric generation facility,
including financial assurances for the decommissioning.
(7) A detailed site plan that includes the location of the following
within or adjacent to the premise of land on which the electric
generation facility will be constructed:
(A) The structures associated with the electric generation
facility.
(B) The:
(i) existing electric generation facility, and any structures
associated with the existing electric generation facility; or
(ii) surface or underground mine, and any structures
associated with the surface or underground mine;
located on the premise of land on which the electric generation
facility will be located.
(C) Existing and proposed access roads.
(D) Regulated drains or ditches.
(E) Flood plains.
(F) Wetlands.
(G) Historic sites or other areas of cultural or environmental
significance.
(8) An economic development plan detailing the expected
economic effect of the electric generation facility on the unit
within which the electric generation facility will be located,
including the following:
(A) The anticipated number and types of jobs to be created:
(i) during the construction of the electric generation facility;
and
(ii) in the operation of the electric generation facility.
(B) The estimated property tax revenue the electric generation
facility will produce for the unit.
(C) An estimate of the overall:
(i) cost to the unit; and
(ii) effect on the unit's revenue;
associated with the electric generation facility.
(9) A safety, security, and emergency response plan describing
measures to ensure:
(A) site security and safety;
(B) coordination with the unit's services; and
(C) safeguarding of the public;
with regard to the construction and operation of the electric
generation facility.
(c) Not later than sixty (60) days after a project owner's provision of
the notice under subsection (b), the project owner shall hold a public
hearing in the unit in which the electric generation facility will be
located, during which the project owner shall:
(1) provide information to the public; and
(2) receive public comment;
regarding the electric generation facility and the construction of the
electric generation facility. The project owner shall publish notice of
the date, time, location, and subject of the public hearing in accordance
with IC 5-3-1-2(b).
(d) After providing notice to a local authority under subsection (b),
a project owner shall notify the local authority regarding any
substantive changes in the information provided by the project owner
under subsection (b) that occur before construction begins on the
electric generation facility to which the notice pertains.

Legislative History

As added by P.L.202-2025, SEC.1.