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

IC 8-23-24.5-1
Purpose
    Sec. 1. The intent of this chapter is to encourage the use ofhighway rights-of-way owned by the state to promote the growth andharvesting of vegetation to be used as fuels and other energyproducts.
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 tohighway rights-of-way for which responsibility is assigned to thedepartment.
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 orother plants that are suitable for processing into fuels or other energyproducts. The term does not include grasses or other plants that maybe 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 consistentwith public safety, the department may enter into leases withappropriate persons for the persons to plant, maintain, and harvestvegetation on the highway rights-of-way for use in production ofenergy.
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, andharvesting the vegetation at the lessee's cost.
        (2) The lessee becomes the owner of the vegetation whenharvested.
        (3) The harvested vegetation must be used for the production offuels or other energy products.
        (4) The lease must include limitations on the height of anyvegetation 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 toimplement the intent of this chapter, but not for more than four(4) years.
        (2) For the lease of parcels of sizes that the departmentconsiders the best to implement the intent of this chapter.
        (3) Any other provisions that the department considers usefulto 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 tothe responsive and responsible bidder who submits the highest bidfor 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 departmentshall make the use of highway rights-of-way as provided in thischapter a priority over all other uses.
As added by P.L.182-2009(ss), SEC.281.