Monday morning the Marshall County Commissioners discussed House Bill 1381 and passed a resolution in opposition to the house bill.
The bill being considered in Indianapolis deals with local control of land use decision and would establish default standards concerning wind and solar projects. The commissioners believe the decision on wind and solar development in the county should be made by the citizens living in the community rather than by wind and solar industry and state officials who live outside the community.
County Attorney Jim Clevenger said HB1381 is pending in the Indiana General Assembly. If enacted the legislation would disenfranchise the citizens of the ability to determine the conditions under which wind energy and solar energy projects would be allowed in the county and communities would be compelled to allow wind and solar with conditions dictated by others living outside the community.
The Marshall County Commissioners expressed their opposition to House Bill 1381 by approving a resolution Monday morning against the bill authored by Representative Edmond Soliday.
A copy of the digest of House Bill 1381:
Commercial wind and solar standards and siting. Establishes default standards concerning the following with respect to developments to install or locate wind power devices in local units: (1) Setback requirements. (2) Height restrictions. (3) Shadow flicker limitations. (4) Signal interference. (5) Sound level limitations. (6) Project decommissioning. Provides that a permit authority for a local unit may not restrict, or impose conditions or limitations on, the construction, installation, siting, modification, operation, or decommissioning of wind power devices in the unit unless the unit first adopts a wind power regulation. Provides that a permit authority may not impose standards that: (1) concern wind power devices in the unit; and (2) are more restrictive than the default standards. Specifies that a unit may do the following: (1) Adopt and enforce a wind power regulation that includes standards that are less restrictive than the default wind power standards set forth in the bill. (2) Waive or make less restrictive any standard set forth in: (A) the bill’s default wind power standards; or (B) a wind power regulation adopted by the unit; with respect to any one wind power device, subject to the consent of each owner of property on which, or adjacent to where, the particular wind power device will be located. Establishes procedures for the permitting or approval process for the siting of wind power devices in a local unit. Sets forth various elements of the required procedures. Establishes default standards concerning the following with respect to projects to install or locate commercial solar energy systems (CSE systems) in a unit: (1) Setback requirements. (2) Height restrictions. (3) Ground cover. (4) Fencing. (5) Cables. (6) Glare. (7) Signal interference. (8) Sound level limitations. (9) Project decommissioning. Provides that a permit authority for a local unit may not restrict, or impose conditions or limitations on, the construction, installation, siting, modification, operation, or decommissioning of CSE systems in the unit unless the unit first adopts a commercial solar regulation. Provides that a permit authority may not impose standards that: (1) concern CSE systems in the unit; and (2) are more restrictive than the default standards. Specifies that a unit may do the following: (1) Adopt and enforce a commercial solar regulation that includes standards that are less restrictive than the default CSE system standards set forth in the bill. (2) Waive or make less restrictive any standard set forth in: (A) the bill’s default CSE system standards; or (B) a commercial solar regulation adopted by the unit; with respect to any one CSE system, subject to the consent of each owner of property on which, or adjacent to where, the particular CSE system will be located. Establishes procedures for the permitting or approval process for the siting of CSE systems in a local unit. Sets forth various elements of the required procedures. Makes conforming amendments to Indiana’s home rule statute.
