2012 Indiana Code
TITLE 8. UTILITIES AND TRANSPORTATION
ARTICLE 23. INDIANA DEPARTMENT OF TRANSPORTATION
CHAPTER 24.5. PLANTING GRASSES AND OTHER PLANTS FOR ENERGY PRODUCTION

IC 8-23-24.5
Chapter 24.5. Planting Grasses and Other Plants for Energy Production

IC 8-23-24.5-1
Purpose
Sec. 1. The intent of this chapter is to encourage the use of highway rights-of-way owned by the state to promote the growth and harvesting of vegetation to be used as fuels and other energy products.
As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-2
"Highway rights-of-way"
Sec. 2. As used in this chapter, "highway rights-of-way" refer to highway rights-of-way for which responsibility is assigned to the department.
As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-3
"Vegetation"
Sec. 3. As used in this chapter, "vegetation" refers to grasses or other plants that are suitable for processing into fuels or other energy products. The term does not include grasses or other plants that may be used to feed livestock.
As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-4
Authorization for vegetation leases
Sec. 4. To the extent permitted by federal law and when consistent with public safety, the department may enter into leases with appropriate persons for the persons to plant, maintain, and harvest vegetation on the highway rights-of-way for use in production of energy.
As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-5
Required lease provisions
Sec. 5. A lease under this chapter must provide for the following:
(1) The lessee is responsible for planting, maintaining, and harvesting the vegetation at the lessee's cost.
(2) The lessee becomes the owner of the vegetation when harvested.
(3) The harvested vegetation must be used for the production of fuels or other energy products.
(4) The lease must include limitations on the height of any vegetation that is grown.
As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-6 Allowable lease provisions
Sec. 6. A lease under this chapter may provide for the following:
(1) Any term of the lease that the department considers best to implement the intent of this chapter, but not for more than four (4) years.
(2) For the lease of parcels of sizes that the department considers the best to implement the intent of this chapter.
(3) Any other provisions that the department considers useful to implement the intent of this chapter.
As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-7
Awarding of leases
Sec. 7. The department shall award a lease under this chapter to the responsive and responsible bidder who submits the highest bid for the particular lease.
As added by P.L.182-2009(ss), SEC.281.

IC 8-23-24.5-8
Priority use
Sec. 8. To the extent permitted by federal law, the department shall make the use of highway rights-of-way as provided in this chapter a priority over all other uses.
As added by P.L.182-2009(ss), SEC.281.