Indiana Code
Chapter 42. Default Standards for Commercial Solar Energy Systems
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

Sec. 19. (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.
As added by P.L.90-2022, SEC.2.

Structure Indiana Code

Indiana Code

Title 8. Utilities and Transportation

Article 1. Utilities Generally

Chapter 42. Default Standards for Commercial Solar Energy Systems

8-1-42-1. Applicability; "Solar Energy Ready Community"

8-1-42-2. "Commercial Solar Energy System"

8-1-42-3. "Commercial Solar Regulation"

8-1-42-4. "Dwelling"

8-1-42-5. "Nonparticipating Property"

8-1-42-6. "Permit Authority"

8-1-42-7. "Project Owner"

8-1-42-8. "Unit"

8-1-42-9. Permit Authority Responsible for Enforcing Compliance With Standards; Authority to Adopt Less Restrictive Standards or to Waive or Make Less Restrictive Existing Standards; Unit's Planning and Zoning Powers Not Affected

8-1-42-10. Setback Requirements; Highways, Collector Roads, and Local Roads; Nonparticipating Properties; Landscape Buffer; Height Restriction; Waiver of Setback and Buffer Requirements With Consent of Nonparticipating Property Owner

8-1-42-11. Ground Cover; Vegetation Plan

8-1-42-12. Fencing

8-1-42-13. Underground Cables; Aboveground Infrastructure; Depth of Buried Cables; Cables and Lines Outside of Project Site

8-1-42-14. Glare Minimization; Adjacent Properties and Roadways; Vehicular Traffic

8-1-42-15. Signal Interference

8-1-42-16. Sound Level Limitations; Waiver of Requirement With Consent of Owners of Adjacent Nonparticipating Properties

8-1-42-17. Damage to Drainage Infrastructure; Repair; Installation of New Infrastructure

8-1-42-18. Decommissioning and Site Restoration Plan; Posting of Surety Bond or Equivalent Security; Required Posting Increments; Adjustment of Bond or Security After Periodic Reevaluation of Decommissioning Costs; Costs to Be Net of Estimated Salvag...

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

8-1-42-20. "Force Majeure Event"; Cessation of Electricity Generation; Project Owner's Notice to Permit Authority; Failure to Resume Operations; Presumed Abandonment; Project Owner's Failure to Remove Assets; Removal of Assets by Permit Authority; Re...