Sec. 3. (a) As used in this chapter, “utility scale battery energy storage system” means an energy storage system (as defined in NFPA 855) that is capable of storing and releasing more than one (1) megawatt of electrical energy for a minimum of one (1) hour using an AC inverter and DC storage.

     (b) The term does not include the following:

(1) Foundations or property used to directly or indirectly connect the AC inverter or DC storage of such a system to electrical energy production equipment or to a customer’s meter.

(2) An energy storage system that is used for the purpose of providing electricity to meet or offset all or part of a host operation’s energy needs.

(3) A battery recycling facility.

(4) The manufacturing or storage of batteries by an automobile manufacturer.

As added by P.L.217-2023, SEC.1.