Sec. 3. (a) As used in this chapter, "nonparticipating property" means a lot or parcel of real property:
(1) that is not owned by a project owner; and
(2) with respect to which:
(A) the project owner does not seek:
(i) to install or locate one (1) or more wind power devices or other facilities related to a wind power project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure); or
(ii) to otherwise enter into a lease or any other agreement with the owner of the property for use of all or part of the property in connection with a wind power project; or
(B) the owner of the property does not consent:
(i) to having one (1) or more wind power devices or other facilities related to a wind power project (including power lines, temporary or permanent access roads, or other temporary or permanent infrastructure) installed or located; or
(ii) to otherwise enter into a lease or any other agreement with the project owner for use of all or part of the property in connection with a wind power project.
(b) The term does not include a lot or parcel of real property otherwise described in subsection (a) if the owner of the lot or parcel consents to participate in a wind power project through a neighbor agreement, a participation agreement, or another similar arrangement or agreement with a project owner.