Skip to main content
Find a Lawyer

Indiana Code Title 4. State Offices and Administration § 4-3-23.1-14

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 14. (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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Indiana Code Title 4. State Offices and Administration § 4-3-23.1-14 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-4-state-offices-and-administration/in-code-sect-4-3-23-1-14/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard