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.
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.
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.
