Indiana legislation · 2025 Regular Session

Indiana SB425: Energy production zones.

Status: Chaptered, May 6, 2025

Energy production zones. Provides that a project owner is not required to apply for or receive a zoning permit (permit), or any other land use or zoning approval, from a local authority for the construction of a facility, other than a wind power device or commercial solar energy system, for the generation of electricity (electric generation facility) if: (1) the Indiana utility regulatory commission (commission): (A) grants the project owner a certificate of public convenience and necessity for the construction; or (B) declines jurisdiction over the construction; (2) the electric generation facility will be located on a premise of land on which there was located as of January 1, 2025: (A) an existing electric generation facility with a generating capacity of at least 80 megawatts, regardless of whether the electric generation facility is operational; or (B) a former surface or underground mine; and (3) the project owner complies with specified notice and hearing requirements. Requires an applicant for a permit from a local authority to be given an extension of time if the applicant's failure to meet the application deadline was caused by unforeseen circumstances beyond the applicant's control. Provides that a deadline in an ordinance for commencing or completing a permitted use is tolled until two years after the conclusion of any litigation or regulatory proceeding regarding the granting of the permit. Sets deadlines for review of permit applications. Establishes requirements for development agreements. Provides that certain legal restrictions in effect at the time a permit is issued continue to apply unless the development is not completed within 10 years. Specifies that certain legal restrictions in effect at the time a development agreement is entered into apply for the period specified in the development agreement. Provides that the statute governing the approval of permits concerning zoning does not authorize the impairment of any vested right or abrogate any rights vested under common law. Specifies when land use rights are considered vested. Imposes other requirements upon the permit approval process. Authorizes a political subdivision or a local authority to prohibit, for a period of not more than one year, the siting, construction, installation, permitting, or deployment of a project (other than a project undertaken by specified entities) that involves the siting, construction, or deployment of facilities, equipment, or infrastructure used in the generation of electricity. Provides that a prohibition may not be extended or renewed for any length of time, regardless of when the prohibition first takes effect. Provides that after an advisory plan commission certifies a proposal to adopt, amend, or partially repeal the text of a zoning ordinance, the legislative body must take final action to adopt, amend, or reject the proposal. (Current law provides that after the legislative body acts on the proposal, the proposal returns to the plan commission for further proceedings.)