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Indiana Code Title 8. Utilities and Transportation § 8-1-8.2-10

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

Sec. 10. (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.

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Cite this article: FindLaw.com - Indiana Code Title 8. Utilities and Transportation § 8-1-8.2-10 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-8-utilities-and-transportation/in-code-sect-8-1-8-2-10/

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