Section 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(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.
Added by P.L. 90-2022,SEC. 2, eff. 7/1/2022.