Section 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; recovery of costs(a) As used in this section, "force majeure event" includes the following: (1) Fire, flood, tornado, or other natural disasters or acts of God.(2) War, civil strife, a terrorist attack, or other similar acts of violence.(3) Other unforeseen events or events over which a project owner has no control.(b) If a force majeure event results in a CSE system not generating electricity, the project owner shall: (1) as soon as practicable after the occurrence of the force majeure event, provide notice to the permit authority of the event and of the resulting cessation of generating operations; and(2) demonstrate to the permit authority that the CSE system will be substantially operational and generating electricity not later than twelve (12) months after the occurrence of the force majeure event.(c) If the CSE system does not become substantially operational and resume generating electricity within the time set forth in subsection (b)(2): (1) the CSE system is considered abandoned as of the date that is three hundred sixty-five (365) days after the date on which the CSE system last generated electricity, unless the project owner demonstrates to the permit authority that the project owner is using all commercially reasonable efforts to resume generation; 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).(d) In the case of presumed abandonment, as described in subsection (c), 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 (c)(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.