Arizona 56th Legislature - First Regular Session Status: Vetoed 1 R cosponsors

HB 2618 — decommissioning; solar and wind; standards

Last action — Vetoed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. Died in session

This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Katie Hobbs (Democratic) on June 19, 2023.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

304 added · 694 removed

Plain-language change summary

The recent amendments to HB 2618 introduce new standards regarding the maintenance and decommissioning of solar energy power plants in Arizona. Now, the owners or operators are required to keep their facilities in good repair and operational until they are officially decommissioned. This change ensures that solar plants function reliably and do not become neglected, aligning with efforts to promote sustainable energy practices. Additionally, the bill clarifies the responsibilities when ownership of these plants changes hands.

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Senate Engrossed House Bill decommissioning;
House Engrossed decommissioning;
standards;
conditions;
AN OWNER OR OPERATOR OF A SOLAR ENERGY POWER PLANT SHALL COMPLY WITH THE APPLICABLE STANDARDS, CONDITIONS, REQUIREMENTS AND PROCEDURES FOR A SOLAR ENERGY POWER PLANT THAT ARE ADOPTED BY THE CITY, TOWN OR COUNTY IN WHICH THE SOLAR ENERGY POWER PLANT IS TO BE LOCATED.
AN APPLICANT FOR A SOLAR ENERGY POWER PLANT SHALL COMPLY WITH THE REQUIREMENTS OR PROCEDURES FOR A SOLAR ENERGY POWER PLANT THAT ARE ADOPTED BY THE CITY, TOWN OR COUNTY IN WHICH THE SOLAR ENERGY POWER PLANT IS TO BE LOCATED.
THE TRANSFER OF A SOLAR ENERGY POWER PLANT OR SPECIAL USE PERMIT OR THE SALE OF THE ENTITY OWNING THE SOLAR ENERGY POWER PLANT MAY NOT OCCUR WITHOUT WRITTEN ACCEPTANCE BY THE TRANSFEREE OF THE TRANSFEROR'S OBLIGATIONS UNDER THIS CHAPTER, INCLUDING THE OBLIGATION TO MAINTAIN AND IMPLEMENT A DECOMMISSIONING AND SITE RESTORATION PLAN PURSUANT TO SECTION 30-904, TO MAINTAIN THE FINANCIAL ASSURANCE PRESCRIBED BY SECTION 30-905 AND TO MAINTAIN THE LIABILITY INSURANCE PRESCRIBED BY SECTION 30-906.
THE TRANSFER OF A SOLAR ENERGY POWER PLANT OR SPECIAL USE PERMIT OR THE SALE OF THE ENTITY OWNING THE SOLAR ENERGY POWER PLANT MAY NOT OCCUR WITHOUT WRITTEN ACCEPTANCE BY THE TRANSFEREE OF THE TRANSFEROR'S OBLIGATIONS UNDER THIS CHAPTER.
A TRANSFER OR SALE DOES NOT ELIMINATE THE LIABILITY OR RESPONSIBILITY OF A TRANSFEROR OR OF ANY OTHER PARTY UNDER THIS CHAPTER FOR ACTS OR OMISSIONS OF THE TRANSFEROR OR OTHER PARTY OCCURRING BEFORE THE TRANSFER OR SALE, EXCEPT WHEN THE TRANSFEREE AND TRANSFEROR PROVIDE FOR THE TRANSFER OF LIABILITY OR RESPONSIBILITY BY AGREEMENT.
A TRANSFER OR SALE DOES NOT ELIMINATE THE LIABILITY OR RESPONSIBILITY OF AN APPLICANT OR OF ANY OTHER PARTY UNDER THIS CHAPTER FOR ACTS OR OMISSIONS OCCURRING BEFORE THE TRANSFER OR SALE.
FOR A TRANSFER OF UNIT OWNERSHIP, THE CITY, TOWN OR COUNTY MAY REASSESS THE AMOUNT OF ANY FINANCIAL ASSURANCE REQUIRED UNDER SECTION 30-905 AND THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL REIMBURSE ANY REASONABLE COSTS INCURRED BY THE CITY, TOWN OR COUNTY TO OBTAIN THE REASSESSMENT.
FOR A TRANSFER OF UNIT OWNERSHIP, THE CITY, TOWN OR COUNTY MAY REASSESS THE AMOUNT OF ANY FINANCIAL ASSURANCE REQUIRED UNDER SECTION 30-905 AND THE SOLAR ENERGY POWER PLANT PROJECT OWNER OR OPERATOR SHALL REIMBURSE ANY REASONABLE COSTS INCURRED BY THE CITY, TOWN OR COUNTY TO OBTAIN THE REASSESSMENT.
C.
A CITY, TOWN OR COUNTY MAY ESTABLISH A PROCEDURE FOR:
1.
RECEIVING NOTICE OF A SALE AND TRANSFER OF OBLIGATIONS UNDER THIS SECTION.
2.
APPROVING A SALE AND TRANSFER OF OBLIGATIONS UNDER THIS SECTION.
D.
IF A SOLAR ENERGY POWER PLANT OWNER SELLS A SOLAR ENERGY POWER PLANT TO AN ENTITY DESCRIBED IN SECTION 30-905, SUBSECTION E OR F, THE SOLAR ENERGY POWER PLANT OWNER SHALL PROVIDE WRITTEN NOTICE OF THE SALE TO THE CITY, TOWN OR COUNTY.
WITHIN FIFTEEN DAYS AFTER RECEIVING THE NOTICE, THE CITY, TOWN OR COUNTY SHALL WAIVE THE REQUIREMENTS OF SECTION 30-905 AND RETURN OR RELEASE TO THE SOLAR ENERGY POWER PLANT OWNER ANY FINANCIAL ASSURANCE PROVIDED TO THE CITY, TOWN OR COUNTY UNLESS OTHERWISE PROVIDED BY AGREEMENT.
- 1 - H.B.
2618 E.
BEFORE OR IN CONJUNCTION WITH APPROVING A LAND USE OR ZONING PERMIT APPLICATION FOR A SOLAR ENERGY POWER PLANT, A CITY, TOWN OR COUNTY MAY ADOPT A PROCEDURE FOR WAIVING THE FINANCIAL ASSURANCE PRESCRIBED BY SECTION 30-905 IF THE OWNER OR OPERATOR OF THE PLANNED SOLAR ENERGY POWER PLANT SUBMITS THE FOLLOWING DOCUMENTATION IN CONJUNCTION WITH ITS APPLICATION:
1.
EVIDENCE THAT THE SOLAR ENERGY POWER PLANT IS BEING CONSTRUCTED PURSUANT TO A BUILD-TRANSFER AGREEMENT WITH AN ENTITY DESCRIBED IN SECTION 30-905, SUBSECTION E OR F AND THE TRANSFER OF OWNERSHIP WILL OCCUR WITHIN A REASONABLE TIME PERIOD, AS DETERMINED BY THE CITY, TOWN OR COUNTY, AFTER THE DATE OF CONSTRUCTION OR OPERATION.
2.
THE DOCUMENTATION PRESCRIBED BY SECTION 30-905, SUBSECTION E OR F, AS APPLICABLE TO THE RELEVANT ENTITY.
Duty to maintain;
Cessation of use;
cessation of use;
notification requirements A.
applicability A.
THE OWNER OR OPERATOR OF A SOLAR ENERGY POWER PLANT SHALL:
IF A PART OF A SOLAR ENERGY POWER PLANT IS DAMAGED OR IF A SOLAR ENERGY POWER PLANT VIOLATES A PERMIT CONDITION IMPOSED BY A CITY, TOWN OR COUNTY, THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL CURE ANY DAMAGE OR DEFICIENCY WITHIN NINETY DAYS AFTER WRITTEN NOTICE FROM THE CITY, TOWN OR COUNTY.
1.
IF IT IS NOT REASONABLY POSSIBLE FOR THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR TO CURE THE DAMAGE OR DEFICIENCY WITHIN NINETY DAYS AFTER RECEIVING THE WRITTEN NOTICE, THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL PROVIDE THE CITY, TOWN OR COUNTY WITH A PLAN TO CURE THE DAMAGE OR DEFICIENCY AS SOON AS REASONABLY POSSIBLE.
MAINTAIN THE PLANT IN GOOD CONDITION AND REPAIR.
2.
EXCEPT DURING PERIODS OF REGULAR MAINTENANCE AND PLANNED CURTAILMENTS, ENSURE THAT THE PLANT REMAINS FUNCTIONAL AND OPERATIONAL UNTIL DECOMMISSIONING OF THE PLANT IS INITIATED PURSUANT TO THIS CHAPTER.
A CITY, TOWN OR COUNTY MAY ADOPT REASONABLE TIMELINES AND REQUIREMENTS FOR THE CURE AND REPAIR OF VISIBLE DAMAGE OR DEFECTS TO A VISIBLE COMPONENT OF A SOLAR ENERGY POWER PLANT AND FOR THE RESTORATION AND REPAIR, REPLACEMENT OR REMOVAL OF ANY COMPONENT OF A SOLAR ENERGY POWER PLANT THAT IS NONFUNCTIONAL OR INOPERABLE.
IF A SOLAR ENERGY POWER PLANT REMAINS NONFUNCTIONAL OR INOPERATIVE FOR A CONTINUOUS PERIOD OF AT LEAST ONE YEAR, THE APPLICANT OR ITS SUCCESSORS OR ASSIGNS, WITHOUT ANY FURTHER ACTION BY THE CITY, TOWN OR COUNTY, SHALL REMOVE THE SYSTEM AND RESTORE THE SITE AT ITS OWN EXPENSE AS PRESCRIBED IN SECTION 30-904.
IF IT IS NOT REASONABLY POSSIBLE FOR A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR TO RESTORE THE SOLAR ENERGY POWER PLANT TO BE FUNCTIONAL OR OPERATIONAL WITHIN ONE YEAR, THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL PROVIDE THE CITY, TOWN OR - 1 - H.B.
2618 COUNTY WITH A PLAN TO RESTORE THE SOLAR ENERGY POWER PLANT TO BE FUNCTIONAL OR OPERATIONAL AS SOON AS REASONABLY POSSIBLE.
A CITY, TOWN OR COUNTY MAY ADOPT AND ENFORCE REASONABLE PENALTIES AND PROCEDURES FOR THE VIOLATION OF OR NONCOMPLIANCE WITH ANY TIMELINE OR REQUIREMENT THAT IS AUTHORIZED PURSUANT TO THIS SECTION, INCLUDING INITIATING OR COMPLETING DECOMMISSIONING OR SITE RESTORATION AT THE OWNER'S OR OPERATOR'S EXPENSE PURSUANT TO SECTION 30-904 IF THE OWNER OR OPERATOR FAILS TO COMPLY WITH THE CITY'S, TOWN'S OR COUNTY'S REASONABLE TIMELINES OR REQUIREMENTS.
THIS SECTION APPLIES TO A SOLAR ENERGY POWER PLANT THAT BEGINS COMMERCIAL OPERATIONS BEFORE, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
D.
A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL NOT ABANDON A SOLAR ENERGY POWER PLANT FOR ANY REASON, INCLUDING BANKRUPTCY OR FINANCIAL INSOLVENCY.
IF A SOLAR ENERGY POWER PLANT OWNER FILES FOR BANKRUPTCY OR OTHERWISE BECOMES INSOLVENT, THE OWNER SHALL IMMEDIATELY PROVIDE WRITTEN NOTICE OF THE BANKRUPTCY OR INSOLVENCY TO THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED.
E.
A CITY, TOWN OR COUNTY MAY ADOPT REASONABLE PROCEDURES FOR DETERMINING WHEN A SOLAR ENERGY POWER PLANT HAS BEEN ABANDONED AND MAY ADOPT REASONABLE TIMELINES AND PROCEDURES FOR INITIATING AND COMPLETING THE DECOMMISSIONING AND SITE RESTORATION FOR A SOLAR ENERGY POWER PLANT THAT HAS BEEN ABANDONED OR WHOSE OWNER HAS FILED FOR BANKRUPTCY OR OTHERWISE BECOME INSOLVENT.
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- 2 - H.B.
2618 F.
NOTWITHSTANDING ANY TIMELINE OR PROCEDURE THAT A CITY, TOWN OR COUNTY ADOPTS PURSUANT TO THIS SECTION, A CITY, TOWN OR COUNTY SHALL NOT INITIATE DECOMMISSIONING OR SITE RESTORATION UNDER SUBSECTION E OF THIS SECTION UNLESS THE CITY, TOWN OR COUNTY PROVIDES NOTICE AND AN OPPORTUNITY FOR A HEARING TO THE FOLLOWING:
1.
THE LANDOWNER WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED.
2.
ALL APPLICABLE CREDITORS AND PARTIES TO THE RELEVANT BANKRUPTCY PROCEEDING.
Decommissioning and site restoration plan;
Decommissioning and site restoration;
requirements;
applicability A.
certification A.
A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL PROVIDE A CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED WITH A DECOMMISSIONING AND SITE RESTORATION PLAN AS PRESCRIBED IN THIS SECTION.
BEFORE A CITY, TOWN OR COUNTY MAY APPROVE A LAND USE OR ZONING PERMIT APPLICATION FOR A SOLAR ENERGY POWER PLANT, THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL PROVIDE THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED WITH A DECOMMISSIONING AND SITE RESTORATION PLAN AS PRESCRIBED IN THIS SECTION.
A CITY, TOWN OR COUNTY MAY ADOPT PROCEDURES FOR REVIEWING AND APPROVING A DECOMMISSIONING AND SITE RESTORATION PLAN THAT A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SUBMITS TO THE CITY, TOWN OR COUNTY.
THE DECOMMISSIONING AND SITE RESTORATION PLAN SHALL STATE HOW THE SOLAR ENERGY POWER PLANT WILL BE DECOMMISSIONED AND THE SITE WILL BE RESTORED AND SHALL INCLUDE ALL OF THE FOLLOWING:
THE PROCEDURES MAY INCLUDE REQUIREMENTS FOR RECEIVING OR REVIEWING PUBLIC COMMENTS OR CONDUCTING ONE OR MORE PUBLIC MEETINGS OR HEARINGS.
C.
A CITY, TOWN OR COUNTY MAY ESTABLISH THE MINIMUM COMPONENTS OF A DECOMMISSIONING AND SITE RESTORATION PLAN.
THE MINIMUM COMPONENTS SHALL INCLUDE ALL OF THE FOLLOWING:
A BRIEF NARRATIVE THAT DESCRIBES HOW THE SOLAR ENERGY POWER PLANT WILL BE DECOMMISSIONED AND HOW THE SITE WILL BE RESTORED AND THAT IS CONSISTENT WITH THE MINIMUM DECOMMISSIONING AND SITE RESTORATION STANDARDS AND PROCEDURES ADOPTED BY THE CITY, TOWN OR COUNTY PURSUANT TO SUBSECTIONS F AND G OF THIS SECTION.
AN ESTIMATE OF THE COST OF DECOMMISSIONING AND RESTORATION, NET OF SALVAGE VALUE.
THE ESTIMATE SHALL BE MADE BY A PERSON WHO IS QUALIFIED TO ESTIMATE DECOMMISSIONING AND SITE RESTORATION COSTS AND SALVAGE VALUE FOR THE SOLAR ENERGY POWER PLANT.
AN ESTIMATE OF THE COST OF DECOMMISSIONING THE SOLAR ENERGY POWER PLANT AND RESTORING THE SOLAR ENERGY POWER PLANT SITE.
THE FINANCIAL RESOURCES THAT THE SOLAR ENERGY POWER PLANT WILL USE TO ACCOMPLISH DECOMMISSIONING AND RESTORATION.
THE ESTIMATE SHALL BE MADE BY A PERSON WHOM THE CITY, TOWN OR COUNTY DEEMS QUALIFIED TO ESTIMATE DECOMMISSIONING AND SITE RESTORATION COSTS FOR THE SOLAR ENERGY POWER PLANT.
A DESCRIPTION OF THE FINANCIAL RESOURCES THAT THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR WILL USE TO ACCOMPLISH DECOMMISSIONING AND RESTORATION AND THAT COMPLY WITH SECTION 30-905.
FINANCIAL ASSURANCES THAT COMPLY WITH SECTION 30-905.
C.
A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL REMOVE A SOLAR ENERGY POWER PLANT AND RESTORE A SOLAR ENERGY POWER PLANT SITE AS PRESCRIBED IN THIS SECTION UNLESS A CITY, TOWN OR COUNTY DETERMINES THAT A PROVISION OF THIS SECTION RELATING TO RESTORATION IS NOT NECESSARY.
A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL DECOMMISSION A SOLAR ENERGY POWER PLANT AND RESTORE A SOLAR ENERGY POWER PLANT SITE AS DESCRIBED IN THE DECOMMISSIONING AND SITE RESTORATION PLAN THAT IS APPROVED BY THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED UNLESS THE CITY, TOWN OR COUNTY DETERMINES IN WRITING THAT A PROVISION OF THE PLAN IS NOT NECESSARY.
THE REMOVAL OF A SOLAR ENERGY POWER PLANT SHALL:
E.
A CITY, TOWN OR COUNTY MAY ADOPT AND ENFORCE MINIMUM STANDARDS AND PROCEDURES FOR THE DECOMMISSIONING OF A SOLAR ENERGY POWER PLANT THAT IS SUBJECT TO A LAND USE OR ZONING PERMIT AUTHORIZED PURSUANT TO THIS - 3 - H.B.
2618 CHAPTER.
THE MINIMUM STANDARDS AND PROCEDURES SHALL COVER ALL OF THE FOLLOWING:
THE REMOVAL OF ALL ABOVEGROUND COMPONENTS, INCLUDING SOLAR ARRAYS, TRANSFORMERS, BATTERY ENERGY STORAGE SYSTEMS, ABOVEGROUND COLLECTION CABLES AND POLES.
INCLUDE ALL ABOVE GROUND COMPONENTS, INCLUDING SOLAR ARRAYS, TRANSFORMERS, BATTERY ENERGY STORAGE SYSTEMS, ABOVE GROUND COLLECTION CABLES AND POLES AND FENCING.
THE REMOVAL OF ALL FOUNDATIONS, BURIED PROJECT COMPONENTS AND COLLECTION LINES TO A DEPTH DETERMINED BY THE CITY, TOWN OR COUNTY, UNLESS THE CITY, TOWN OR COUNTY AUTHORIZES A LESSER DEPTH IN WRITING OR, IF THE SOLAR ENERGY POWER PLANT IS LOCATED ON PRIVATE LAND, THE LANDOWNER AGREES TO A LESSER DEPTH AND THE EXISTENCE OF THE REMAINING FOUNDATIONS OR BURIED PROJECT COMPONENTS ARE DISCLOSED IN WRITING AND RECORDED WITH THE COUNTY RECORDER IN THE COUNTY WHERE THE LAND IS LOCATED.
COMPLY WITH THE FOLLOWING:
3.
(a) FOUNDATIONS AND BURIED PROJECT COMPONENTS, OTHER THAN BURIED COLLECTION LINES, MUST BE REMOVED TO A DEPTH OF AT LEAST THIRTY-SIX INCHES OR AS PRESCRIBED BY A CITY, TOWN OR COUNTY.
THE COMPLETION OF ALL REMOVAL ACTIVITIES AFTER DECOMMISSIONING INITIATION WITHIN A TIME PERIOD THAT IS DESIGNATED BY THE CITY, TOWN OR COUNTY, UNLESS THE CITY, TOWN OR COUNTY AUTHORIZES A LONGER TIME PERIOD IN WRITING.
(b) BURIED COLLECTION LINES MUST BE REMOVED TO A DEPTH OF AT LEAST THIRTY-SIX INCHES.
F.
COLLECTION LINES BELOW A DEPTH OF THIRTY-SIX INCHES MAY REMAIN IN PLACE UNLESS OTHERWISE PRESCRIBED BY A CITY, TOWN OR COUNTY.
A CITY, TOWN OR COUNTY MAY ADOPT AND ENFORCE MINIMUM STANDARDS AND PROCEDURES FOR THE RESTORATION OF A SOLAR ENERGY POWER PLANT SITE THAT IS SUBJECT TO A LAND USE OR ZONING PERMIT AUTHORIZED PURSUANT TO THIS CHAPTER.
(c) REMOVAL ACTIVITIES MUST BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER DECOMMISSIONING INITIATION UNLESS OTHERWISE APPROVED BY THE CITY, TOWN OR COUNTY.
THE MINIMUM STANDARDS AND PROCEDURES SHALL COVER ALL OF THE FOLLOWING:
E.
THE RESTORATION OF EACH SITE SHALL INCLUDE:
THE REASONABLE MINIMIZATION OR FILLING OF ANY GROUND DISTURBANCES AND RESTORATION OF THE SITE'S GROUND CONTOURS AND GRADING TO ITS ORIGINAL GROUND CONTOURS AND GRADING, AS DETERMINED BY THE CITY, TOWN OR COUNTY WHERE THE SITE IS LOCATED.
MINIMIZING GROUND DISTURBANCE AND RESTORING THE SITE TO ITS ORIGINAL GROUND CONTOURS, IF POSSIBLE, OR COORDINATING WITH THE LANDOWNER TO RESTORE THE SITE.
THE REASONABLE RESTORATION AND REESTABLISHMENT OF DISTURBED ON-SITE SOILS, VEGETATION AND GROUND COVERS TO A CONDITION THAT IS CONSISTENT WITH OR SUPPORTS THE RETURN OF THE SITE OVER TIME TO ITS NATURAL UNDEVELOPED CONDITION, AS DETERMINED BY THE CITY, TOWN OR COUNTY WHERE THE SITE IS LOCATED, WHICH MAY INCLUDE PLANTING ONE OR MORE SITE-SPECIFIC NATIVE PLANTS OR SPECIES OF ONE OR MORE SIZES, VARIETIES OR MATURITIES PER SQUARE AREA.
REASONABLY RESTORING AND REESTABLISHING DISTURBED ON-SITE SOILS AND VEGETATION BY USING NATIVE SEED MIX AND PROPER SOIL NUTRIENTS, INCLUDING FERTILIZER AND LIME, IF NECESSARY, TO PROVIDE AND SUSTAIN GROWTH OR IN COORDINATION WITH THE LANDOWNER TO ALLOW DESIRED VEGETATION TO BE - 2 - H.B.
IRRIGATION IS NOT REQUIRED.
2618 PLANTED OR RETURNING THE ON-SITE SOILS AND VEGETATION TO THEIR ORIGINAL CONDITIONS.
THE ADEQUATE RESTORATION, RETENTION OR REMOVAL OF OTHER IMPROVEMENTS, INCLUDING PAVED ROADS, ACCESS ROADS, FENCING, DRAINAGE IMPROVEMENTS, WELLS AND OTHER RESIDUAL MINOR IMPROVEMENTS, AS DETERMINED BY THE CITY, TOWN OR COUNTY WHERE THE SITE IS LOCATED.
ADEQUATELY RESTORING PAVED ROADS TO THEIR ORIGINAL CONDITION FOLLOWING DECOMMISSIONING ACTIVITIES OR LEAVING IMPROVEMENTS IN PLACE WITH THE LANDOWNER'S CONSENT.
THE REMOVAL AND REMEDIATION OF ANY HAZARDOUS MATERIALS AND WASTE.
ALLOWING ACCESS ROADS, FENCING, ASSOCIATED DRAINAGE IMPROVEMENTS AND ANY OTHER RESIDUAL MINOR IMPROVEMENTS TO REMAIN WITH THE LANDOWNER'S WRITTEN CONSENT.
THE COMPLETION OF ALL SITE RESTORATION ACTIVITIES AFTER DECOMMISSIONING COMPLETION WITHIN A TIME PERIOD THAT IS DESIGNATED BY THE CITY, TOWN OR COUNTY UNLESS THE CITY, TOWN OR COUNTY AUTHORIZES IN WRITING A LONGER TIME PERIOD.
REMOVING AND REMEDIATING ANY HAZARDOUS MATERIALS AND WASTE.
F.
AFTER PROVIDING REASONABLE NOTICE TO THE PROPERTY OWNER, THE CITY, TOWN OR COUNTY MAY ENTER THE SITE TO EFFECT OR COMPLETE DECOMMISSIONING PURSUANT TO THE DECOMMISSIONING PLAN.
IF A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR FAILS TO COMPLETE DECOMMISSIONING AND SITE RESTORATION WITHIN THE TIME PERIOD PRESCRIBED BY THE CITY, TOWN OR COUNTY PURSUANT TO THIS SECTION, AFTER - 4 - H.B.
AFTER THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR COMPLETES THE DECOMMISSIONING OF A SOLAR ENERGY POWER PLANT AND RESTORATION OF THE SOLAR ENERGY POWER PLANT SITE AS PRESCRIBED IN THIS SECTION:
2618 PROVIDING REASONABLE NOTICE TO THE LANDOWNER, THE CITY, TOWN OR COUNTY MAY ENTER THE SITE TO INITIATE OR COMPLETE DECOMMISSIONING OR SITE RESTORATION PURSUANT TO THE DECOMMISSIONING AND SITE RESTORATION PLAN.
1.
THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL NOTIFY THE CITY, TOWN OR COUNTY WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE OWNER OR OPERATOR COMPLETES DECOMMISSIONING AND RESTORATION.
2.
THE CITY, TOWN OR COUNTY SHALL CERTIFY TO THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR THAT DECOMMISSIONING AND RESTORATION IS COMPLETE WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE CITY, TOWN OR COUNTY RECEIVES NOTICE FROM THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR.
A CITY, TOWN OR COUNTY SHALL ADOPT A PROCEDURE FOR CERTIFYING WHEN DECOMMISSIONING AND SITE RESTORATION ACTIVITIES HAVE BEEN COMPLETED, FOR RECEIVING NOTIFICATION RELATED TO THE COMPLETION AND FOR RELEASING A SOLAR ENERGY POWER PLANT OWNER'S OR OPERATOR'S FINANCIAL ASSURANCE DESCRIBED IN SECTION 30-905.
AFTER THE CITY, TOWN OR COUNTY CERTIFIES THAT DECOMMISSIONING AND RESTORATION IS COMPLETE:
I.
NOTWITHSTANDING SUBSECTION H OF THIS SECTION, IF A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR COMPLETES ALL DECOMMISSIONING AND SITE RESTORATION ACTIVITIES PURSUANT TO THIS SECTION AND NOTIFIES THE CITY, TOWN OR COUNTY IN WRITING THAT ALL DECOMMISSIONING AND SITE RESTORATION ACTIVITIES HAVE BEEN COMPLETED, WITHIN NINETY DAYS AFTER THE DATE OF THE NOTICE:
THE OWNER OR OPERATOR IS RELEASED FROM ANY OBLIGATION PRESCRIBED IN THIS CHAPTER.
THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR IS RELEASED FROM ANY OBLIGATION PRESCRIBED IN THIS CHAPTER.
THE CITY, TOWN OR COUNTY SHALL RETURN OR RELEASE ANY REMAINING OWNER'S OR OPERATOR'S FINANCIAL ASSURANCE DESCRIBED IN SECTION 30-905.
THE CITY, TOWN OR COUNTY SHALL RETURN OR RELEASE ANY REMAINING FINANCIAL ASSURANCE REQUIRED UNDER SECTION 30-905.
J.
I.
THE OWNER OR OPERATOR OF A SOLAR ENERGY POWER PLANT SHALL PROVIDE A COPY OF THE DECOMMISSIONING AND SITE RESTORATION PLAN TO THE CORPORATION COMMISSION, STATE LAND DEPARTMENT AND DEPARTMENT OF ENVIRONMENTAL QUALITY ON REQUEST.
THIS SECTION APPLIES TO A SOLAR ENERGY POWER PLANT THAT BEGINS COMMERCIAL OPERATIONS BEFORE, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
cost estimate update;
applicability A.
estimated salvage value;
BEGINNING ON A DATE DETERMINED BY THE CITY, TOWN OR COUNTY WHERE A SOLAR ENERGY POWER PLANT IS LOCATED, A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL CONTINUOUSLY MAINTAIN FINANCIAL ASSURANCE, INCLUDING IN THE FORM OF A BOND OR PARENT GUARANTEE, IN AN AMOUNT EQUAL TO THE COST TO DECOMMISSION THE SOLAR ENERGY POWER PLANT AND RESTORE THE SOLAR ENERGY POWER PLANT SITE AS PRESCRIBED IN SECTION 30-904, NET SALVAGE VALUE, AS DETERMINED BY THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED.
waiver A.
THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL UPDATE THE COST ESTIMATE EVERY TEN YEARS TO ENSURE AN ACCURATE ESTIMATION OF COSTS ASSOCIATED WITH DECOMMISSIONING, EQUIPMENT VALUE AND SITE RESTORATION, ADJUSTED FOR INFLATION.
BEGINNING ON A DATE DETERMINED BY THE CITY, TOWN OR COUNTY WHERE A SOLAR ENERGY POWER PLANT IS LOCATED, A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL CONTINUOUSLY MAINTAIN FINANCIAL ASSURANCE, IN A FORM DETERMINED BY THE CITY, TOWN OR COUNTY, WHICH MAY INCLUDE A BOND IN AN AMOUNT THAT IS NOT LESS THAN THE TOTAL ESTIMATED COST TO DECOMMISSION THE SOLAR ENERGY POWER PLANT AND RESTORE THE SOLAR ENERGY POWER PLANT SITE AS PRESCRIBED IN SECTION 30-904, AS DETERMINED BY THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED AND THAT IS REASONABLY BASED ON THE ESTIMATE PROVIDED PURSUANT TO SECTION 30-904.
A CITY, TOWN OR COUNTY MAY REQUIRE A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR TO UPDATE THE COST ESTIMATE PROVIDED PURSUANT TO SECTION 30-904, SUBSECTION C, PARAGRAPH 2 OR ADOPT PROCEDURES FOR THE OWNER OR OPERATOR OF A SOLAR ENERGY POWER PLANT TO SUBMIT UPDATED COST ESTIMATES TO THE CITY, TOWN OR COUNTY BASED ON A SCHEDULE OR TIMELINE THAT IS ESTABLISHED BY THE CITY, TOWN OR COUNTY.
THE CITY, TOWN OR COUNTY MAY USE THE FINANCIAL ASSURANCE FOR THE COSTS OF CORRECTING ANY OTHER ACTS OF NONCOMPLIANCE WITH THIS CHAPTER.
A CITY, TOWN OR COUNTY THAT ADOPTS REQUIREMENTS OR PROCEDURES MAY REASSESS THE AMOUNT OF ANY FINANCIAL ASSURANCE REQUIRED UNDER SUBSECTION A OF THIS SECTION AND, BASED ON THE MOST RECENT COST ESTIMATE RECEIVED BY THE CITY, TOWN OR COUNTY, MAY MODIFY OR ADJUST THE AMOUNT REQUIRED PURSUANT TO THIS SECTION.
- 3 - H.B.
C.
2618 C.
A CITY, TOWN OR COUNTY MAY ADOPT PROCEDURES FOR AN OWNER OR OPERATOR OF A SOLAR ENERGY POWER PLANT TO SUBMIT WITH THE COST ESTIMATE - 5 - H.B.
IF A SOLAR ENERGY POWER PLANT OWNER SELLS THE SOLAR ENERGY POWER PLANT TO A PUBLIC SERVICE CORPORATION REGULATED BY THE CORPORATION COMMISSION, THE SOLAR ENERGY POWER PLANT OWNER SHALL PROVIDE A NOTICE OF THE SALE TO THE CITY, TOWN OR COUNTY.
2618 PROVIDED PURSUANT TO SECTION 30-904, SUBSECTION C, PARAGRAPH 2 OR AN UPDATED COST ESTIMATE DESCRIBED IN SUBSECTION B OF THIS SECTION, AND FOR THE CITY, TOWN OR COUNTY TO CONSIDER DURING THE CALCULATION OF THE AMOUNT OF FINANCIAL ASSURANCE REQUIRED PURSUANT TO SUBSECTION A OF THIS SECTION, THE ESTIMATED SALVAGE VALUE OF THE SOLAR ENERGY POWER PLANT EQUIPMENT AT THE TIME OF DECOMMISSIONING.
WITHIN FIFTEEN DAYS AFTER RECEIVING THE NOTICE, THE CITY, TOWN OR COUNTY SHALL WAIVE THE REQUIREMENTS OF THIS SECTION AND RETURN OR RELEASE ANY FINANCIAL ASSURANCE PROVIDED TO THE CITY, TOWN OR COUNTY TO THE SOLAR ENERGY POWER PLANT OWNER.
IF THE CITY, TOWN OR COUNTY ADOPTS THE PROCEDURES, THE CITY, TOWN OR COUNTY MAY ESTABLISH MINIMUM REQUIREMENTS FOR DETERMINING HOW THE SALVAGE VALUE SHOULD BE ESTIMATED AND WHO SHOULD BE DEEMED QUALIFIED TO MAKE THE ESTIMATES.
A CITY, TOWN OR COUNTY THAT HAS ADOPTED THE PROCEDURES MAY ALLOW A FINANCIAL ASSURANCE REQUIRED PURSUANT TO THIS SECTION TO BE NOT LESS THAN THE TOTAL ESTIMATED COST OF DECOMMISSIONING THE SOLAR ENERGY POWER PLANT AND RESTORING THE SOLAR ENERGY POWER PLANT SITE, NET OF THE ESTIMATED SALVAGE VALUE AT THE TIME OF DECOMMISSIONING.
A CITY, TOWN OR COUNTY THAT HAS ADOPTED THE PROCEDURES AUTHORIZED IN SUBSECTION C OF THIS SECTION MAY WAIVE THE FINANCIAL ASSURANCE REQUIRED PURSUANT TO THIS SECTION IF THE CITY, TOWN OR COUNTY DETERMINES, BASED ON THE MOST RECENT COST ESTIMATE SUBMITTED TO AND APPROVED BY THE CITY, TOWN OR COUNTY PURSUANT TO THIS SECTION, THAT THE ESTIMATED SALVAGE VALUE OF THE SOLAR ENERGY POWER PLANT AT THE TIME OF DECOMMISSIONING IS SUFFICIENT TO COVER THE ESTIMATED COST OF DECOMMISSIONING THE SOLAR ENERGY POWER PLANT AND RESTORING THE SOLAR ENERGY POWER PLANT SITE.
THIS SECTION APPLIES TO A SOLAR ENERGY POWER PLANT THAT BEGINS COMMERCIAL OPERATIONS BEFORE, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR THAT SUBMITS AN ESTIMATED SALVAGE VALUE TO A CITY, TOWN OR COUNTY PURSUANT TO THIS SECTION IS NOT GUARANTEED A WAIVER OF FINANCIAL ASSURANCE BUT THE CITY, TOWN OR COUNTY THAT HAS ADOPTED THE PROCEDURES SHALL CONSIDER THE ESTIMATED SALVAGE VALUE WHEN DETERMINING THE AMOUNT OF FINANCIAL ASSURANCE TO BE REQUIRED PURSUANT TO THIS SECTION.
E.
IN LIEU OF MAINTAINING THE FINANCIAL ASSURANCE REQUIRED UNDER THIS SECTION, A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR THAT IS A CITY, TOWN, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OF THIS STATE MAY DEMONSTRATE FINANCIAL CAPABILITY OF MEETING THE COSTS OF DECOMMISSIONING THE SOLAR ENERGY POWER PLANT AND RESTORING THE SITE AS PRESCRIBED IN SECTION 30-904 BY SUBMITTING BOTH OF THE FOLLOWING:
1.
A LETTER THAT IS SIGNED BY THE CHIEF FINANCIAL OFFICER OF THE CITY, TOWN, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OF THIS STATE STATING THAT THE CITY, TOWN, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION IS FINANCIALLY CAPABLE OF MEETING THE COSTS OF DECOMMISSIONING THE SOLAR ENERGY POWER PLANT AND RESTORING THE SITE AS PRESCRIBED IN SECTION 30-904.
2.
A STATEMENT SPECIFYING THE DETAILS OF THE FINANCIAL ARRANGEMENTS THAT THE CITY, TOWN, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OF THIS STATE WILL USE TO MEET THE ESTIMATED DECOMMISSIONING AND SITE RESTORATION COSTS.
- 6 - H.B.
2618 F.
IN LIEU OF MAINTAINING THE FINANCIAL ASSURANCE REQUIRED UNDER THIS SECTION, A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR THAT IS A PUBLIC SERVICE CORPORATION REGULATED BY THE CORPORATION COMMISSION MAY DEMONSTRATE FINANCIAL CAPABILITY OF MEETING THE COSTS OF DECOMMISSIONING THE SOLAR ENERGY POWER PLANT AND RESTORING THE SITE AS PRESCRIBED IN SECTION 30-904 BY SUBMITTING BOTH OF THE FOLLOWING:
1.
AN ORDER ISSUED BY THE CORPORATION COMMISSION STATING THAT THE CORPORATION COMMISSION HAS ADOPTED A FINANCIAL ASSURANCE REQUIREMENT FOR THE PUBLIC SERVICE CORPORATION THAT IS SUBSTANTIALLY SIMILAR TO THE REQUIREMENT ESTABLISHED IN SUBSECTION A OF THIS SECTION AND APPROVING A PROCESS OR MECHANISM FOR COVERING THE ESTIMATED COST OF DECOMMISSIONING THE SOLAR ENERGY POWER PLANT AND RESTORING THE SITE AS PRESCRIBED IN SECTION 30-904.
2.
A STATEMENT SPECIFYING THE DETAILS OF THE FINANCIAL ARRANGEMENTS OR MECHANISMS THAT THE CORPORATION COMMISSION HAS APPROVED TO ENSURE THAT THE PUBLIC SERVICE CORPORATION MEETS THE ESTIMATED DECOMMISSIONING AND SITE RESTORATION COSTS.
G.
A CITY, TOWN OR COUNTY MAY USE THE FINANCIAL ASSURANCE REQUIRED BY THIS SECTION TO COVER THE COST OF INITIATING OR COMPLETING DECOMMISSIONING OR SITE RESTORATION AS DESCRIBED IN THE DECOMMISSIONING AND SITE RESTORATION PLAN AS AUTHORIZED PURSUANT TO PROCEDURES ADOPTED BY THE CITY, TOWN OR COUNTY PURSUANT TO SECTION 30-903, SUBSECTION B OR E OR IF THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR FAILS TO COMPLETE DECOMMISSIONING AND SITE RESTORATION AS DESCRIBED IN SECTION 30-904, SUBSECTION G.
notice of cancellation;
applicability A.
certificate of insurance A.
A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL MAINTAIN AN INSURANCE POLICY THAT INCLUDES COVERAGE OF ANY REASONABLE LIABILITY OF THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED RELATED TO THE CONSTRUCTION AND OPERATION OF THE SOLAR ENERGY POWER PLANT.
A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL MAINTAIN A COMMERCIAL GENERAL LIABILITY INSURANCE POLICY THAT RESULTS IN COVERAGE OF ANY REASONABLE LIABILITY TO THIRD PARTIES FOR REAL OR PERSONAL INJURIES OR DAMAGES ARISING FROM THE SOLAR ENERGY POWER PLANT OWNER'S OR OPERATOR'S ACTIONS OR NEGLIGENCE RELATED TO THE CONSTRUCTION, OPERATION, MAINTENANCE OR DECOMMISSIONING OF THE SOLAR ENERGY POWER PLANT OR THE RESTORATION OF THE SOLAR ENERGY POWER PLANT SITE.
A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL IMMEDIATELY PROVIDE WRITTEN NOTICE OF ANY CANCELLATION OF THE INSURANCE POLICY DESCRIBED IN SUBSECTION A OF THIS SECTION TO THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED.
A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL IMMEDIATELY PROVIDE WRITTEN NOTICE OF ANY CHANGE IN THE INSURANCE POLICY DESCRIBED IN SUBSECTION A OF THIS SECTION TO THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED.
TO THE EXTENT THAT A CONTRACTUAL RELATIONSHIP EXISTS BETWEEN A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR AND THE CITY, TOWN, OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED, THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED MAY REQUIRE THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR TO MAINTAIN, WHEN REQUIRED BY THE CONTRACT, COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE WITH RESPECT TO THE SOLAR ENERGY POWER PLANT THAT NAMES THE CITY, TOWN OR COUNTY AS AN ADDITIONAL - 7 - H.B.
THIS SECTION APPLIES TO AN OWNER OR OPERATOR OF A SOLAR ENERGY POWER PLANT THAT BEGINS COMMERCIAL OPERATIONS BEFORE, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
2618 INSURED.
WHEN A CITY, TOWN OR COUNTY IS NAMED AS AN ADDITIONAL INSURED, THE SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL PROVIDE A CERTIFICATE OF INSURANCE DEMONSTRATING COVERAGE ON WRITTEN REQUEST FROM THE CITY, TOWN OR COUNTY.
D.
A CITY, TOWN OR COUNTY THAT APPROVES A PERMIT, STANDARD, CONDITION, REQUIREMENT OR DECOMMISSIONING AND SITE RESTORATION PLAN FOR A SOLAR ENERGY POWER PLANT PURSUANT TO THIS CHAPTER IS NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGES, ANY REAL OR PERSONAL INJURIES OR ANY ACTS OR OMISSIONS RELATED TO OR RESULTING FROM THE CONSTRUCTION, OPERATION, MAINTENANCE OR DECOMMISSIONING OF THE SOLAR ENERGY POWER PLANT OR THE RESTORATION OF THE SOLAR ENERGY POWER PLANT SITE BASED SOLELY ON THE FACT THAT THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED ISSUED THE APPROVAL.
THE CITY, TOWN OR COUNTY SHALL NOT BE NAMED AS AN ADDITIONAL PARTY OR DEFENDANT IN ANY CAUSE OF ACTION THAT IS BASED SOLELY ON ANY APPROVAL DESCRIBED IN THIS SUBSECTION.
30-907.
Applicability of chapter A.
THIS CHAPTER APPLIES TO ANY SOLAR ENERGY POWER PLANT THAT IS THE SUBJECT OF AN INITIAL LAND USE OR ZONING PERMIT APPLICATION IF THE APPLICATION IS BOTH:
1.
SUBMITTED TO A CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED.
2.
SUBMITTED FOR THE FIRST TIME FOR THE SOLAR ENERGY POWER PLANT ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
B.
THIS CHAPTER DOES NOT APPLY TO A SOLAR ENERGY POWER PLANT THAT IS THE SUBJECT OF AN INITIAL LAND USE OR ZONING PERMIT APPLICATION IF THE APPLICATION IS BOTH:
1.
SUBMITTED TO A CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED.
2.
SUBMITTED FOR THE FIRST TIME FOR THE SOLAR ENERGY POWER PLANT BEFORE THE EFFECTIVE DATE OF THIS CHAPTER.
C.
THIS CHAPTER APPLIES ONLY TO A GROUND-MOUNTED SOLAR ENERGY SYSTEM THAT IS FIFTY-ONE KILOWATTS OR MORE AND THAT IS LOCATED OR PROPOSED TO BE LOCATED ON VACANT OR AGRICULTURAL LAND.
THIS CHAPTER DOES NOT APPLY TO A SOLAR ENERGY SYSTEM THAT IS MOUNTED ON A RESIDENTIAL, COMMERCIAL OR INDUSTRIAL ROOF OR STRUCTURE THAT HAS A PRIMARY PURPOSE TO PROVIDE SHADE OR SHELTER OVER LANDS THAT HAVE BEEN DEDICATED, IMPROVED OR ZONED FOR A PURPOSE OTHER THAN TO GENERATE SOLAR ELECTRIC ENERGY.
standards;
conditions;
- 8 - H.B.
B.
2618 B.
AN APPLICANT FOR A WIND ENERGY POWER PLANT SHALL COMPLY WITH THE REQUIREMENTS OR PROCEDURES FOR A WIND ENERGY POWER PLANT THAT ARE ADOPTED BY THE CITY, TOWN OR COUNTY IN WHICH THE WIND ENERGY POWER PLANT IS TO BE LOCATED.
AN APPLICANT FOR A WIND ENERGY POWER PLANT SHALL COMPLY WITH THE REQUIREMENTS AND PROCEDURES FOR A WIND ENERGY POWER PLANT THAT ARE ADOPTED BY THE CITY, TOWN OR COUNTY IN WHICH THE WIND ENERGY POWER PLANT IS TO BE LOCATED.
THE TRANSFER OF A WIND ENERGY POWER PLANT OR SPECIAL USE PERMIT OR THE SALE OF THE ENTITY OWNING THE WIND ENERGY POWER PLANT MAY NOT OCCUR WITHOUT WRITTEN ACCEPTANCE BY THE TRANSFEREE OF THE TRANSFEROR'S OBLIGATIONS UNDER THIS CHAPTER, INCLUDING THE OBLIGATION TO MAINTAIN AND IMPLEMENT A DECOMMISSIONING AND SITE RESTORATION PLAN PURSUANT TO SECTION 30-1004, TO DEMONSTRATE AND MAINTAIN THE FINANCIAL ASSURANCE PRESCRIBED BY SECTION 30-1005 AND TO MAINTAIN THE LIABILITY INSURANCE AS PRESCRIBED BY SECTION 30-1006.
THE TRANSFER OF A WIND ENERGY POWER PLANT OR SPECIAL USE PERMIT OR THE SALE OF THE ENTITY OWNING THE WIND ENERGY POWER PLANT MAY NOT OCCUR WITHOUT WRITTEN ACCEPTANCE BY THE TRANSFEREE OF THE TRANSFEROR'S OBLIGATIONS UNDER THIS CHAPTER.
A TRANSFER OR SALE MAY NOT ELIMINATE THE LIABILITY OR RESPONSIBILITY OF A TRANSFEROR OR OF ANY OTHER PARTY UNDER THIS CHAPTER FOR ACTS OR OMISSIONS OF THE TRANSFEROR OR OTHER PARTY OCCURRING BEFORE THE TRANSFER OR SALE, EXCEPT WHEN THE TRANSFEREE AND TRANSFEROR PROVIDE FOR THE TRANSFER OF LIABILITY OR RESPONSIBILITY BY AGREEMENT.
A TRANSFER OR SALE MAY NOT ELIMINATE THE LIABILITY OR RESPONSIBILITY OF AN APPLICANT OR OF ANY OTHER PARTY UNDER THIS CHAPTER FOR ACTS OR OMISSIONS OCCURRING BEFORE THE TRANSFER OR SALE.
C.
- 4 - H.B.
A CITY, TOWN OR COUNTY MAY ESTABLISH A PROCEDURE FOR:
2618 30-1003.
1.
Cessation of use;
RECEIVING NOTICE OF A SALE AND TRANSFER OF OBLIGATIONS UNDER THIS SECTION.
2.
APPROVING A SALE AND TRANSFER OF OBLIGATIONS UNDER THIS SECTION.
D.
IF A WIND ENERGY POWER PLANT OWNER SELLS A WIND ENERGY POWER PLANT TO AN ENTITY DESCRIBED IN SECTION 30-1005, SUBSECTION E OR F, THE WIND ENERGY POWER PLANT OWNER SHALL PROVIDE WRITTEN NOTICE OF THE SALE TO THE CITY, TOWN OR COUNTY.
WITHIN FIFTEEN DAYS AFTER RECEIVING THE NOTICE, THE CITY, TOWN OR COUNTY SHALL WAIVE THE REQUIREMENTS OF SECTION 30-1005 AND RETURN OR RELEASE TO THE WIND ENERGY POWER PLANT OWNER ANY FINANCIAL ASSURANCE PROVIDED TO THE CITY, TOWN OR COUNTY UNLESS OTHERWISE PROVIDED BY AGREEMENT.
E.
BEFORE OR IN CONJUNCTION WITH APPROVING A LAND USE OR ZONING PERMIT APPLICATION FOR A WIND ENERGY POWER PLANT, A CITY, TOWN OR COUNTY MAY ADOPT A PROCEDURE FOR WAIVING THE FINANCIAL ASSURANCE PRESCRIBED BY SECTION 30-1005 IF THE OWNER OR OPERATOR OF THE PLANNED WIND ENERGY POWER PLANT SUBMITS THE FOLLOWING DOCUMENTATION IN CONJUNCTION WITH ITS APPLICATION:
1.
EVIDENCE THAT THE WIND ENERGY POWER PLANT IS BEING CONSTRUCTED PURSUANT TO A BUILD-TRANSFER AGREEMENT WITH AN ENTITY DESCRIBED IN SECTION 30-1005, SUBSECTION E OR F AND THE TRANSFER OF OWNERSHIP WILL OCCUR WITHIN A REASONABLE TIME PERIOD, AS DETERMINED BY THE CITY, TOWN OR COUNTY, AFTER THE DATE OF CONSTRUCTION OR OPERATION.
- 9 - H.B.
2618 2.
THE DOCUMENTATION PRESCRIBED BY SECTION 30-1005, SUBSECTION E OR F, AS APPLICABLE TO THE RELEVANT ENTITY.
30-1003.
Duty to maintain;
cessation of use;
notification requirements A.
applicability A.
THE OWNER OR OPERATOR OF A WIND ENERGY POWER PLANT SHALL:
IF A PART OF A WIND ENERGY POWER PLANT IS DAMAGED OR IF A WIND ENERGY POWER PLANT VIOLATES A PERMIT CONDITION IMPOSED BY A CITY, TOWN OR COUNTY, THE WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL CURE ANY DAMAGE OR DEFICIENCY WITHIN NINETY DAYS AFTER WRITTEN NOTICE FROM THE CITY, TOWN OR COUNTY.
1.
IF IT IS NOT REASONABLY POSSIBLE FOR THE WIND ENERGY POWER PLANT OWNER OR OPERATOR TO CURE THE DAMAGE OR DEFICIENCY WITHIN NINETY DAYS AFTER RECEIVING THE WRITTEN NOTICE, THE WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL PROVIDE THE CITY, TOWN OR COUNTY WITH A PLAN TO CURE THE DAMAGE OR DEFICIENCY AS SOON AS REASONABLY POSSIBLE.
MAINTAIN THE PLANT IN GOOD CONDITION AND REPAIR.
2.
EXCEPT DURING PERIODS OF REGULAR MAINTENANCE AND PLANNED CURTAILMENTS, ENSURE THAT THE PLANT REMAINS FUNCTIONAL AND OPERATIONAL UNTIL DECOMMISSIONING OF THE PLANT IS INITIATED PURSUANT TO THIS CHAPTER.
A CITY, TOWN OR COUNTY MAY ADOPT REASONABLE TIMELINES AND REQUIREMENTS FOR THE CURE AND REPAIR OF VISIBLE DAMAGE OR DEFECTS TO A VISIBLE COMPONENT OF A WIND ENERGY POWER PLANT AND FOR THE RESTORATION AND REPAIR, REPLACEMENT OR REMOVAL OF ANY COMPONENT OF A WIND ENERGY POWER PLANT THAT IS NONFUNCTIONAL OR INOPERABLE.
IF A WIND ENERGY POWER PLANT REMAINS NONFUNCTIONAL OR INOPERATIVE FOR A CONTINUOUS PERIOD OF AT LEAST ONE YEAR, THE APPLICANT OR ITS SUCCESSORS OR ASSIGNS, WITHOUT ANY FURTHER ACTION BY THE CITY, TOWN OR COUNTY, SHALL REMOVE THE WIND ENERGY POWER PLANT AND RESTORE THE SITE AT ITS OWN EXPENSE AS PRESCRIBED IN SECTION 30-1004.
IF IT IS NOT REASONABLY POSSIBLE FOR A WIND ENERGY POWER PLANT OWNER OR OPERATOR TO RESTORE THE WIND ENERGY POWER PLANT TO BE FUNCTIONAL OR OPERATIONAL WITHIN ONE YEAR, THE WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL PROVIDE THE CITY, TOWN OR COUNTY WITH A PLAN TO RESTORE THE WIND ENERGY POWER PLANT TO BE FUNCTIONAL OR OPERATIONAL AS SOON AS REASONABLY POSSIBLE.
A CITY, TOWN OR COUNTY MAY ADOPT AND ENFORCE REASONABLE PENALTIES AND PROCEDURES FOR THE VIOLATION OF OR NONCOMPLIANCE WITH ANY TIMELINE OR REQUIREMENT THAT IS AUTHORIZED PURSUANT TO SUBSECTION A OR B OF THIS SECTION, INCLUDING INITIATING OR COMPLETING DECOMMISSIONING OR SITE RESTORATION AT THE OWNER'S OR OPERATOR'S EXPENSE PURSUANT TO SECTION 30-1004 IF THE OWNER OR OPERATOR FAILS TO COMPLY WITH THE CITY'S, TOWN'S OR COUNTY'S REASONABLE TIMELINES OR REQUIREMENTS.
THIS SECTION APPLIES TO A WIND ENERGY POWER PLANT THAT BEGINS COMMERCIAL OPERATIONS BEFORE, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
D.
A WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL NOT ABANDON A WIND ENERGY POWER PLANT FOR ANY REASON, INCLUDING BANKRUPTCY OR FINANCIAL INSOLVENCY.
IF A WIND ENERGY POWER PLANT OWNER FILES FOR BANKRUPTCY OR OTHERWISE BECOMES INSOLVENT, THE OWNER SHALL IMMEDIATELY PROVIDE WRITTEN NOTICE OF THE BANKRUPTCY OR INSOLVENCY TO THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED.
E.
A CITY, TOWN OR COUNTY MAY ADOPT REASONABLE PROCEDURES FOR DETERMINING WHEN A WIND ENERGY POWER PLANT HAS BEEN ABANDONED AND MAY ADOPT REASONABLE TIMELINES AND PROCEDURES FOR INITIATING AND COMPLETING THE DECOMMISSIONING AND SITE RESTORATION FOR A WIND ENERGY POWER PLANT THAT HAS BEEN ABANDONED OR WHOSE OWNER HAS FILED FOR BANKRUPTCY OR OTHERWISE BECOME INSOLVENT.
F.
NOTWITHSTANDING ANY TIMELINE OR PROCEDURE THAT A CITY, TOWN OR COUNTY ADOPTS PURSUANT TO THIS SECTION, A CITY, TOWN OR COUNTY SHALL NOT INITIATE DECOMMISSIONING OR SITE RESTORATION UNDER SUBSECTION E OF THIS SECTION UNLESS THE CITY, TOWN OR COUNTY PROVIDES NOTICE AND AN OPPORTUNITY FOR A HEARING TO THE FOLLOWING:
1.
THE LANDOWNER WHERE THE WIND ENERGY POWER PLANT IS LOCATED.
2.
ALL APPLICABLE CREDITORS AND PARTIES TO THE RELEVANT BANKRUPTCY PROCEEDING.
Decommissioning and site restoration plan;
Decommissioning and site restoration;
requirements;
applicability A.
certification A.
A WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL PROVIDE A CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED WITH A DECOMMISSIONING AND SITE RESTORATION PLAN AS PRESCRIBED IN THIS SECTION.
BEFORE A CITY, TOWN OR COUNTY MAY APPROVE A LAND USE OR ZONING PERMIT APPLICATION FOR A WIND ENERGY POWER PLANT, THE WIND ENERGY POWER - 10 - H.B.
2618 PLANT OWNER OR OPERATOR SHALL PROVIDE THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED WITH A DECOMMISSIONING AND SITE RESTORATION PLAN AS PRESCRIBED IN THIS SECTION.
A CITY, TOWN OR COUNTY MAY ADOPT PROCEDURES FOR REVIEWING AND APPROVING A DECOMMISSIONING AND SITE RESTORATION PLAN THAT A WIND ENERGY POWER PLANT OWNER OR OPERATOR SUBMITS TO THE CITY, TOWN OR COUNTY.
THE DECOMMISSIONING AND SITE RESTORATION PLAN SHALL STATE HOW THE WIND ENERGY POWER PLANT WILL BE DECOMMISSIONED AND THE SITE WILL BE RESTORED AND SHALL INCLUDE ALL OF THE FOLLOWING:
THE PROCEDURES MAY INCLUDE REQUIREMENTS FOR RECEIVING OR REVIEWING PUBLIC COMMENTS OR CONDUCTING ONE OR MORE PUBLIC MEETINGS OR HEARINGS.
C.
A CITY, TOWN OR COUNTY MAY ESTABLISH THE MINIMUM COMPONENTS OF A DECOMMISSIONING AND SITE RESTORATION PLAN.
THE MINIMUM COMPONENTS SHALL INCLUDE ALL OF THE FOLLOWING:
A BRIEF NARRATIVE THAT DESCRIBES HOW THE WIND ENERGY POWER PLANT WILL BE DECOMMISSIONED AND HOW THE SITE WILL BE RESTORED AND THAT IS CONSISTENT WITH THE MINIMUM DECOMMISSIONING AND SITE RESTORATION STANDARDS AND PROCEDURES ADOPTED BY THE CITY, TOWN OR COUNTY PURSUANT TO SUBSECTIONS F AND G OF THIS SECTION.
AN ESTIMATE OF THE COST OF DECOMMISSIONING AND RESTORATION, NET OF SALVAGE VALUE.
THE ESTIMATE SHALL BE MADE BY A PERSON WHO IS QUALIFIED TO ESTIMATE DECOMMISSIONING AND SITE RESTORATION COSTS AND SALVAGE VALUE FOR THE WIND ENERGY POWER PLANT.
AN ESTIMATE OF THE COST OF DECOMMISSIONING THE WIND ENERGY POWER PLANT AND RESTORING THE WIND ENERGY POWER PLANT SITE.
THE FINANCIAL RESOURCES THAT THE WIND ENERGY POWER PLANT WILL USE TO ACCOMPLISH DECOMMISSIONING AND RESTORATION.
THE ESTIMATE SHALL BE MADE BY A PERSON WHOM THE CITY, TOWN OR COUNTY DEEMS QUALIFIED TO ESTIMATE DECOMMISSIONING AND SITE RESTORATION COSTS FOR THE WIND ENERGY POWER PLANT.
A DESCRIPTION OF THE FINANCIAL RESOURCES THAT THE WIND ENERGY POWER PLANT OWNER OR OPERATOR WILL USE TO ACCOMPLISH DECOMMISSIONING AND RESTORATION AND THAT COMPLY WITH SECTION 30-1005.
FINANCIAL ASSURANCES THAT COMPLY WITH SECTION 30-1005.
C.
A WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL REMOVE A WIND ENERGY POWER PLANT AND RESTORE A WIND ENERGY POWER PLANT SITE AS PRESCRIBED IN THIS SECTION UNLESS A CITY, TOWN OR COUNTY DETERMINES THAT A PROVISION OF THIS SECTION RELATING TO RESTORATION IS NOT NECESSARY.
A WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL DECOMMISSION A WIND ENERGY POWER PLANT AND RESTORE A WIND ENERGY POWER PLANT SITE AS DESCRIBED IN THE DECOMMISSIONING AND SITE RESTORATION PLAN THAT IS APPROVED BY THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED UNLESS THE CITY, TOWN OR COUNTY DETERMINES IN WRITING THAT A PROVISION OF THE PLAN IS NOT NECESSARY.
THE REMOVAL OF A WIND ENERGY POWER PLANT SHALL:
1.
INCLUDE ALL ABOVE GROUND COMPONENTS, INCLUDING TURBINES, BLADES, NACELLES, TOWERS, TRANSFORMERS, ABOVE GROUND COLLECTION CABLES AND POLES AND FENCING.
- 5 - H.B.
2618 2.
COMPLY WITH THE FOLLOWING:
(a) FOUNDATIONS AND BURIED PROJECT COMPONENTS, OTHER THAN BURIED COLLECTION LINES, MUST BE REMOVED TO A DEPTH OF AT LEAST THIRTY-SIX INCHES OR AS PRESCRIBED BY A CITY, TOWN OR COUNTY.
(b) BURIED COLLECTION LINES MUST BE REMOVED TO A DEPTH OF AT LEAST THIRTY-SIX INCHES.
COLLECTION LINES BELOW A DEPTH OF THIRTY-SIX INCHES MAY REMAIN IN PLACE UNLESS OTHERWISE PRESCRIBED BY A CITY, TOWN OR COUNTY.
(c) REMOVAL ACTIVITIES MUST BE COMPLETED WITHIN EIGHTEEN MONTHS AFTER DECOMMISSIONING INITIATION UNLESS OTHERWISE APPROVED BY THE CITY, TOWN OR COUNTY.
A CITY, TOWN OR COUNTY MAY ADOPT AND ENFORCE MINIMUM STANDARDS AND PROCEDURES FOR THE DECOMMISSIONING OF A WIND ENERGY POWER PLANT THAT IS SUBJECT TO A LAND USE OR ZONING PERMIT AUTHORIZED PURSUANT TO THIS CHAPTER.
THE RESTORATION OF EACH SITE SHALL INCLUDE:
THE MINIMUM STANDARDS AND PROCEDURES SHALL COVER ALL OF THE FOLLOWING:
THE REMOVAL OF ALL ABOVEGROUND COMPONENTS, INCLUDING TURBINES, BLADES, NACELLES, TOWERS, TRANSFORMERS, BATTERY ENERGY STORAGE SYSTEMS, ABOVEGROUND COLLECTION CABLES AND POLES.
MINIMIZING GROUND DISTURBANCE AND RESTORING THE SITE TO ITS ORIGINAL GROUND CONTOURS, IF POSSIBLE, OR COORDINATING WITH THE LANDOWNER TO RESTORE THE SITE.
THE REMOVAL OF ALL FOUNDATIONS, BURIED PROJECT COMPONENTS AND COLLECTION LINES TO A DEPTH DETERMINED BY THE CITY, TOWN OR COUNTY, UNLESS THE CITY, TOWN OR COUNTY AUTHORIZES A LESSER DEPTH IN WRITING OR, IF THE WIND ENERGY POWER PLANT IS LOCATED ON PRIVATE LAND, THE LANDOWNER AGREES TO A LESSER DEPTH AND THE EXISTENCE OF THE REMAINING FOUNDATIONS OR BURIED PROJECT COMPONENTS ARE DISCLOSED IN WRITING AND RECORDED WITH THE COUNTY RECORDER IN THE COUNTY WHERE THE LAND IS LOCATED.
REASONABLY RESTORING AND REESTABLISHING ON-SITE SOILS AND VEGETATION BY USING NATIVE SEED MIX AND PROPER SOIL NUTRIENTS, INCLUDING FERTILIZER AND LIME, IF NECESSARY, TO PROVIDE AND SUSTAIN GROWTH OR IN COORDINATION WITH THE LANDOWNER TO ALLOW DESIRED VEGETATION TO BE PLANTED OR RETURNING THE ON-SITE SOILS AND VEGETATION TO THEIR ORIGINAL CONDITIONS.
- 11 - H.B.
2618 3.
THE COMPLETION OF ALL REMOVAL ACTIVITIES AFTER DECOMMISSIONING INITIATION WITHIN A TIME PERIOD THAT IS DESIGNATED BY THE CITY, TOWN OR COUNTY, UNLESS THE CITY, TOWN OR COUNTY AUTHORIZES A LONGER TIME PERIOD IN WRITING.
F.
A CITY, TOWN OR COUNTY MAY ADOPT AND ENFORCE MINIMUM STANDARDS AND PROCEDURES FOR THE RESTORATION OF A WIND ENERGY POWER PLANT SITE THAT IS SUBJECT TO A LAND USE OR ZONING PERMIT AUTHORIZED PURSUANT TO THIS CHAPTER.
THE MINIMUM STANDARDS AND PROCEDURES SHALL COVER ALL OF THE FOLLOWING:
1.
THE REASONABLE MINIMIZATION OR FILLING OF ANY GROUND DISTURBANCES AND RESTORATION OF THE SITE'S GROUND CONTOURS AND GRADING TO ITS ORIGINAL GROUND CONTOURS AND GRADING, AS DETERMINED BY THE CITY, TOWN OR COUNTY WHERE THE SITE IS LOCATED.
2.
THE REASONABLE RESTORATION AND REESTABLISHMENT OF DISTURBED ON-SITE SOILS, VEGETATION AND GROUND COVERS TO A CONDITION THAT IS CONSISTENT WITH OR SUPPORTS THE RETURN OF THE SITE OVER TIME TO ITS NATURAL UNDEVELOPED CONDITION, AS DETERMINED BY THE CITY, TOWN OR COUNTY WHERE THE SITE IS LOCATED, WHICH MAY INCLUDE PLANTING ONE OR MORE SITE-SPECIFIC NATIVE PLANTS OR SPECIES OF ONE OR MORE SIZES, VARIETIES OR MATURITIES PER SQUARE AREA.
IRRIGATION IS NOT REQUIRED.
THE ADEQUATE RESTORATION, RETENTION OR REMOVAL OF OTHER IMPROVEMENTS, INCLUDING PAVED ROADS, ACCESS ROADS, FENCING, DRAINAGE IMPROVEMENTS, WELLS AND OTHER RESIDUAL MINOR IMPROVEMENTS, AS DETERMINED BY THE CITY, TOWN OR COUNTY WHERE THE SITE IS LOCATED.
ADEQUATELY RESTORING PAVED ROADS TO THEIR ORIGINAL CONDITION FOLLOWING DECOMMISSIONING ACTIVITIES OR LEAVING IMPROVEMENTS IN PLACE WITH THE LANDOWNER'S CONSENT.
THE REMOVAL AND REMEDIATION OF ANY HAZARDOUS MATERIALS AND WASTE.
ALLOWING ACCESS ROADS, FENCING, ASSOCIATED DRAINAGE IMPROVEMENTS AND ANY OTHER RESIDUAL MINOR IMPROVEMENTS TO REMAIN WITH THE LANDOWNER'S WRITTEN CONSENT.
THE COMPLETION OF ALL SITE RESTORATION ACTIVITIES AFTER DECOMMISSIONING COMPLETION WITHIN A TIME PERIOD THAT IS DESIGNATED BY THE CITY, TOWN OR COUNTY UNLESS THE CITY, TOWN OR COUNTY AUTHORIZES IN WRITING A LONGER TIME PERIOD.
REMOVING AND REMEDIATING ANY HAZARDOUS MATERIALS AND WASTE.
F.
AFTER PROVIDING REASONABLE NOTICE TO THE PROPERTY OWNER, THE CITY, TOWN OR COUNTY MAY ENTER THE SITE TO EFFECT OR COMPLETE DECOMMISSIONING PURSUANT TO THE DECOMMISSIONING PLAN.
IF A WIND ENERGY POWER PLANT OWNER OR OPERATOR FAILS TO COMPLETE DECOMMISSIONING AND SITE RESTORATION WITHIN THE TIME PERIOD PRESCRIBED BY THE CITY, TOWN OR COUNTY PURSUANT TO THIS SECTION, THE CITY, TOWN OR COUNTY, AFTER PROVIDING REASONABLE NOTICE TO THE LANDOWNER, THE CITY, TOWN OR COUNTY MAY ENTER THE SITE TO INITIATE OR COMPLETE DECOMMISSIONING AND SITE RESTORATION PURSUANT TO THE DECOMMISSIONING PLAN.
AFTER THE WIND ENERGY POWER PLANT OWNER OR OPERATOR COMPLETES THE DECOMMISSIONING OF A WIND ENERGY POWER PLANT AND RESTORATION OF THE WIND ENERGY POWER PLANT SITE AS PRESCRIBED IN THIS SECTION:
H.
A CITY, TOWN OR COUNTY SHALL ADOPT A PROCEDURE FOR CERTIFYING WHEN DECOMMISSIONING AND SITE RESTORATION ACTIVITIES HAVE BEEN COMPLETED, FOR RECEIVING NOTIFICATION RELATED TO THE COMPLETION AND FOR RELEASING A WIND ENERGY POWER PLANT OWNER'S OR OPERATOR'S FINANCIAL ASSURANCE DESCRIBED IN SECTION 30-1005.
I.
NOTWITHSTANDING SUBSECTION H OF THIS SECTION, IF A WIND ENERGY POWER PLANT OWNER OR OPERATOR COMPLETES ALL DECOMMISSIONING AND SITE RESTORATION ACTIVITIES PURSUANT TO THIS SECTION AND NOTIFIES THE CITY, TOWN OR COUNTY IN WRITING THAT ALL DECOMMISSIONING AND SITE RESTORATION - 12 - H.B.
2618 ACTIVITIES HAVE BEEN COMPLETED, WITHIN NINETY DAYS AFTER THE DATE OF THE NOTICE:
THE OWNER OR OPERATOR IS RELEASED FROM ANY OBLIGATION PRESCRIBED IN THIS CHAPTER.
THE WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL NOTIFY THE CITY, TOWN OR COUNTY WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE OWNER OR OPERATOR COMPLETES DECOMMISSIONING AND RESTORATION.
THE CITY, TOWN OR COUNTY SHALL RETURN OR RELEASE ANY REMAINING OWNER'S OR OPERATOR'S FINANCIAL ASSURANCE DESCRIBED IN SECTION 30-1005.
THE CITY, TOWN OR COUNTY SHALL CERTIFY TO THE WIND ENERGY POWER PLANT OWNER OR OPERATOR THAT DECOMMISSIONING AND RESTORATION IS COMPLETE WITHIN THIRTY DAYS AFTER THE DATE ON WHICH THE CITY, TOWN OR COUNTY RECEIVES NOTICE FROM THE WIND ENERGY POWER PLANT OWNER OR OPERATOR.
J.
H.
THE OWNER OR OPERATOR OF A WIND ENERGY POWER PLANT SHALL PROVIDE A COPY OF THE DECOMMISSIONING AND SITE RESTORATION PLAN TO THE CORPORATION COMMISSION, STATE LAND DEPARTMENT AND DEPARTMENT OF ENVIRONMENTAL QUALITY ON REQUEST.
AFTER THE CITY, TOWN OR COUNTY CERTIFIES THAT DECOMMISSIONING AND RESTORATION IS COMPLETE:
1.
THE WIND ENERGY POWER PLANT OWNER OR OPERATOR IS RELEASED FROM ANY OBLIGATION PRESCRIBED IN THIS CHAPTER.
- 6 - H.B.
2618 2.
THE CITY, TOWN OR COUNTY SHALL RETURN OR RELEASE ANY REMAINING FINANCIAL ASSURANCE REQUIRED UNDER SECTION 30-1005.
I.
THIS SECTION APPLIES TO A WIND ENERGY POWER PLANT THAT BEGINS COMMERCIAL OPERATIONS BEFORE, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
cost estimate update;
applicability A.
estimated salvage value;
BEGINNING ON A DATE DETERMINED BY THE CITY, TOWN OR COUNTY WHERE A WIND ENERGY POWER PLANT IS LOCATED, A WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL CONTINUOUSLY MAINTAIN FINANCIAL ASSURANCE, INCLUDING IN THE FORM OF A BOND OR PARENT GUARANTEE, IN AN AMOUNT EQUAL TO THE COST TO DECOMMISSION THE WIND ENERGY POWER PLANT AND RESTORE THE WIND ENERGY POWER PLANT SITE AS PRESCRIBED IN SECTION 30-1004, NET SALVAGE VALUE, AS DETERMINED BY THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED.
waiver A.
THE WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL UPDATE THE COST ESTIMATE EVERY FIVE YEARS TO ENSURE AN ACCURATE ESTIMATION OF COSTS ASSOCIATED WITH DECOMMISSIONING, EQUIPMENT VALUE AND SITE RESTORATION, ADJUSTED FOR INFLATION.
BEGINNING ON A DATE DETERMINED BY THE CITY, TOWN OR COUNTY WHERE A WIND ENERGY POWER PLANT IS LOCATED, A WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL CONTINUOUSLY MAINTAIN FINANCIAL ASSURANCE, IN A FORM DETERMINED BY THE CITY, TOWN OR COUNTY, WHICH MAY INCLUDE A BOND IN AN AMOUNT THAT IS NOT LESS THAN THE TOTAL ESTIMATED COST TO DECOMMISSION THE WIND ENERGY POWER PLANT AND RESTORE THE WIND ENERGY POWER PLANT SITE AS PRESCRIBED IN SECTION 30-1004, AS DETERMINED BY THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED AND THAT IS REASONABLY BASED ON THE ESTIMATE PROVIDED PURSUANT TO SECTION 30-1004.
A CITY, TOWN OR COUNTY MAY REQUIRE A WIND ENERGY POWER PLANT OWNER OR OPERATOR TO UPDATE THE COST ESTIMATE PROVIDED PURSUANT TO SECTION 30-1004, SUBSECTION C, PARAGRAPH 2 OR ADOPT PROCEDURES FOR THE OWNER OR OPERATOR OF A WIND ENERGY POWER PLANT TO SUBMIT UPDATED COST ESTIMATES TO THE CITY, TOWN OR COUNTY BASED ON A SCHEDULE OR TIMELINE THAT IS ESTABLISHED BY THE CITY, TOWN OR COUNTY.
THE CITY, TOWN OR COUNTY MAY USE THE FINANCIAL ASSURANCE FOR THE COSTS OF CORRECTING ANY OTHER ACTS OF NONCOMPLIANCE WITH THIS CHAPTER.
A CITY, TOWN OR COUNTY THAT ADOPTS REQUIREMENTS OR PROCEDURES MAY REASSESS THE AMOUNT OF ANY FINANCIAL ASSURANCE REQUIRED UNDER SUBSECTION A OF THIS SECTION AND, BASED ON THE MOST RECENT COST ESTIMATE RECEIVED BY THE CITY, TOWN OR COUNTY, MAY MODIFY OR ADJUST THE AMOUNT REQUIRED PURSUANT TO THIS SECTION.
A CITY, TOWN OR COUNTY MAY ADOPT PROCEDURES FOR AN OWNER OR OPERATOR OF A WIND ENERGY POWER PLANT TO SUBMIT WITH THE COST ESTIMATE PROVIDED PURSUANT TO SECTION 30-904, SUBSECTION C, PARAGRAPH 2 OR AN UPDATED COST ESTIMATE DESCRIBED IN SUBSECTION B OF THIS SECTION, AND FOR THE CITY, TOWN OR COUNTY TO CONSIDER DURING THE CALCULATION OF THE AMOUNT OF FINANCIAL ASSURANCE REQUIRED PURSUANT TO SUBSECTION A OF THIS SECTION, THE ESTIMATED SALVAGE VALUE OF THE WIND ENERGY POWER PLANT EQUIPMENT AT THE TIME OF DECOMMISSIONING.
IF A WIND ENERGY POWER PLANT OWNER SELLS THE WIND ENERGY POWER PLANT TO A PUBLIC SERVICE CORPORATION REGULATED BY THE CORPORATION COMMISSION, THE WIND ENERGY POWER PLANT OWNER SHALL PROVIDE A NOTICE OF THE SALE TO THE CITY, TOWN OR COUNTY.
IF THE CITY, TOWN OR COUNTY ADOPTS THE PROCEDURES, THE CITY, TOWN OR COUNTY MAY ESTABLISH MINIMUM REQUIREMENTS FOR DETERMINING HOW THE SALVAGE VALUE SHOULD BE ESTIMATED AND WHO SHOULD BE DEEMED QUALIFIED TO MAKE THE ESTIMATES.
WITHIN FIFTEEN DAYS AFTER RECEIVING THE NOTICE, THE CITY, TOWN OR COUNTY SHALL WAIVE THE REQUIREMENTS OF THIS SECTION AND RETURN OR RELEASE ANY FINANCIAL ASSURANCE PROVIDED TO THE CITY, TOWN OR COUNTY TO THE WIND ENERGY POWER PLANT OWNER.
A CITY, TOWN OR COUNTY THAT HAS ADOPTED THE PROCEDURES MAY ALLOW A FINANCIAL ASSURANCE REQUIRED PURSUANT TO THIS SECTION TO BE NOT LESS THAN THE TOTAL ESTIMATED COST OF DECOMMISSIONING THE WIND ENERGY POWER PLANT AND RESTORING THE WIND ENERGY - 13 - H.B.
2618 POWER PLANT SITE, NET OF THE ESTIMATED SALVAGE VALUE AT THE TIME OF DECOMMISSIONING.
A CITY, TOWN OR COUNTY THAT HAS ADOPTED THE PROCEDURES AUTHORIZED IN SUBSECTION C OF THIS SECTION MAY WAIVE THE FINANCIAL ASSURANCE REQUIRED PURSUANT TO THIS SECTION IF THE CITY, TOWN OR COUNTY DETERMINES, BASED ON THE MOST RECENT COST ESTIMATE SUBMITTED TO AND APPROVED BY THE CITY, TOWN OR COUNTY PURSUANT TO THIS SECTION, THAT THE ESTIMATED SALVAGE VALUE OF THE WIND ENERGY POWER PLANT AT THE TIME OF DECOMMISSIONING IS SUFFICIENT TO COVER THE ESTIMATED COST OF DECOMMISSIONING THE WIND ENERGY POWER PLANT AND RESTORING THE WIND ENERGY POWER PLANT SITE.
THIS SECTION APPLIES TO A WIND ENERGY POWER PLANT THAT BEGINS COMMERCIAL OPERATIONS BEFORE, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
A WIND ENERGY POWER PLANT OWNER OR OPERATOR THAT SUBMITS AN ESTIMATED SALVAGE VALUE TO A CITY, TOWN OR COUNTY PURSUANT TO THIS SECTION IS NOT GUARANTEED A WAIVER OF FINANCIAL ASSURANCE BUT THE CITY, TOWN OR COUNTY THAT HAS ADOPTED THE PROCEDURES SHALL CONSIDER THE ESTIMATED SALVAGE VALUE WHEN DETERMINING THE AMOUNT OF FINANCIAL ASSURANCE TO BE REQUIRED PURSUANT TO THIS SECTION.
E.
IN LIEU OF MAINTAINING THE FINANCIAL ASSURANCE REQUIRED UNDER THIS SECTION, A WIND ENERGY POWER PLANT OWNER OR OPERATOR THAT IS A CITY, TOWN, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OF THIS STATE MAY DEMONSTRATE FINANCIAL CAPABILITY OF MEETING THE COSTS OF DECOMMISSIONING THE WIND ENERGY POWER PLANT AND RESTORING THE SITE AS PRESCRIBED IN SECTION 30-1004 BY SUBMITTING BOTH OF THE FOLLOWING:
1.
A LETTER THAT IS SIGNED BY THE CHIEF FINANCIAL OFFICER OF THE CITY, TOWN, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OF THIS STATE STATING THAT THE CITY, TOWN, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION IS FINANCIALLY CAPABLE OF MEETING THE COSTS OF DECOMMISSIONING THE WIND ENERGY POWER PLANT AND RESTORING THE SITE AS PRESCRIBED IN SECTION 30-1004.
2.
A STATEMENT SPECIFYING THE DETAILS OF THE FINANCIAL ARRANGEMENTS THAT THE CITY, TOWN, COUNTY OR OTHER LOCAL GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OF THIS STATE WILL USE TO MEET THE ESTIMATED DECOMMISSIONING AND SITE RESTORATION COSTS.
F.
IN LIEU OF MAINTAINING THE FINANCIAL ASSURANCE REQUIRED UNDER THIS SECTION, A WIND ENERGY POWER PLANT OWNER OR OPERATOR THAT IS A PUBLIC SERVICE CORPORATION REGULATED BY THE CORPORATION COMMISSION MAY DEMONSTRATE FINANCIAL CAPABILITY OF MEETING THE COSTS OF DECOMMISSIONING THE WIND ENERGY POWER PLANT AND RESTORING THE SITE AS PRESCRIBED IN SECTION 30-1004 BY SUBMITTING BOTH OF THE FOLLOWING:
1.
AN ORDER ISSUED BY THE CORPORATION COMMISSION STATING THAT THE CORPORATION COMMISSION HAS ADOPTED A FINANCIAL ASSURANCE REQUIREMENT FOR THE PUBLIC SERVICE CORPORATION THAT IS SUBSTANTIALLY SIMILAR TO THE REQUIREMENT ESTABLISHED IN SUBSECTION A OF THIS SECTION AND APPROVING A PROCESS OR MECHANISM FOR COVERING THE ESTIMATED COST OF DECOMMISSIONING THE WIND ENERGY POWER PLANT AND RESTORING THE SITE AS PRESCRIBED IN SECTION 30-1004.
- 14 - H.B.
2618 2.
A STATEMENT SPECIFYING THE DETAILS OF THE FINANCIAL ARRANGEMENTS OR MECHANISMS THAT THE CORPORATION COMMISSION HAS APPROVED TO ENSURE THAT THE PUBLIC SERVICE CORPORATION MEETS THE ESTIMATED DECOMMISSIONING AND SITE RESTORATION COSTS.
G.
A CITY, TOWN OR COUNTY MAY USE THE FINANCIAL ASSURANCE REQUIRED BY THIS SECTION TO COVER THE COST OF INITIATING OR COMPLETING DECOMMISSIONING OR SITE RESTORATION AS DESCRIBED IN THE DECOMMISSIONING AND SITE RESTORATION PLAN AS AUTHORIZED PURSUANT TO PROCEDURES ADOPTED BY THE CITY, TOWN OR COUNTY PURSUANT TO SECTION 30-1003, SUBSECTION B OR E OR IF THE WIND ENERGY POWER PLANT OWNER OR OPERATOR FAILS TO COMPLETE DECOMMISSIONING AND SITE RESTORATION AS DESCRIBED IN SECTION 30-1004, SUBSECTION G.
notice of cancellation;
applicability A.
certificate of insurance A.
A WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL MAINTAIN AN INSURANCE POLICY THAT INCLUDES COVERAGE FOR ANY WIND ENERGY POWER PLANT RELATED LIABILITY OF THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED.
A WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL MAINTAIN A COMMERCIAL GENERAL LIABILITY INSURANCE POLICY THAT RESULTS IN COVERAGE OF ANY REASONABLE LIABILITY TO THIRD PARTIES FOR REAL OR PERSONAL INJURIES OR DAMAGES ARISING FROM THE WIND ENERGY POWER PLANT OWNER'S OR OPERATOR'S ACTION OR NEGLIGENCE RELATED TO THE CONSTRUCTION, OPERATION, MAINTENANCE OR DECOMMISSIONING OF THE WIND ENERGY POWER PLANT OR THE RESTORATION OF THE WIND ENERGY POWER PLANT SITE.
A WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL IMMEDIATELY PROVIDE WRITTEN NOTICE OF ANY CANCELLATION OF THE INSURANCE POLICY DESCRIBED IN SUBSECTION A OF THIS SECTION TO THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED.
A WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL IMMEDIATELY PROVIDE WRITTEN NOTICE OF ANY CHANGE IN THE INSURANCE POLICY DESCRIBED IN SUBSECTION A OF THIS SECTION TO THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED.
TO THE EXTENT THAT A CONTRACTUAL RELATIONSHIP EXISTS BETWEEN A WIND ENERGY POWER PLANT OWNER OR OPERATOR AND THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED, THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED MAY REQUIRE THE WIND ENERGY POWER PLANT OWNER OR OPERATOR TO MAINTAIN, WHEN REQUIRED BY THE CONTRACT, COMMERCIAL GENERAL LIABILITY INSURANCE COVERAGE WITH RESPECT TO THE WIND ENERGY POWER PLANT THAT NAMES THE CITY, TOWN OR COUNTY AS AN ADDITIONAL INSURED.
THIS SECTION APPLIES TO AN OWNER OR OPERATOR OF A WIND ENERGY POWER PLANT THAT BEGINS COMMERCIAL OPERATIONS BEFORE, ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION.
WHEN A CITY, TOWN OR COUNTY IS NAMED AS AN ADDITIONAL INSURED, THE WIND ENERGY POWER PLANT OWNER OR OPERATOR SHALL PROVIDE A CERTIFICATE OF INSURANCE DEMONSTRATING COVERAGE ON WRITTEN REQUEST FROM THE CITY, TOWN OR COUNTY.
- 7 -
D.
A CITY, TOWN OR COUNTY THAT APPROVES A PERMIT, STANDARD, CONDITION, REQUIREMENT OR DECOMMISSIONING AND SITE RESTORATION PLAN FOR A WIND ENERGY POWER PLANT PURSUANT TO THIS CHAPTER IS NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGES, ANY REAL OR PERSONAL INJURIES OR ANY ACTS OR OMISSIONS RELATED TO OR RESULTING FROM THE CONSTRUCTION, OPERATION, MAINTENANCE OR DECOMMISSIONING OF THE WIND ENERGY POWER PLANT OR THE RESTORATION OF THE WIND ENERGY POWER PLANT SITE BASED SOLELY ON THE FACT THAT THE CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED ISSUED THE APPROVAL.
THE CITY, TOWN OR COUNTY SHALL NOT BE NAMED AS AN - 15 - H.B.
2618 ADDITIONAL PARTY OR DEFENDANT IN ANY CAUSE OF ACTION THAT IS BASED SOLELY ON ANY APPROVAL DESCRIBED IN THIS SUBSECTION.
30-1007.
Applicability of chapter A.
THIS CHAPTER APPLIES TO ANY WIND ENERGY POWER PLANT THAT IS THE SUBJECT OF AN INITIAL LAND USE OR ZONING PERMIT APPLICATION IF THE APPLICATION IS BOTH:
1.
SUBMITTED TO A CITY, TOWN OR COUNTY WHERE THE POWER PLANT IS LOCATED.
2.
SUBMITTED FOR THE FIRST TIME FOR THE WIND ENERGY POWER PLANT ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
B.
THIS CHAPTER DOES NOT APPLY TO ANY WIND ENERGY POWER PLANT THAT IS THE SUBJECT OF AN INITIAL LAND USE OR ZONING PERMIT APPLICATION IF THE APPLICATION IS BOTH:
1.
SUBMITTED TO A CITY, TOWN OR COUNTY WHERE THE WIND ENERGY POWER PLANT IS LOCATED.
2.
SUBMITTED FOR THE FIRST TIME FOR THE WIND ENERGY POWER PLANT BEFORE THE EFFECTIVE DATE OF THIS CHAPTER.
- 16 -
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill adds new regulations for solar energy power plants in Arizona, establishing standards for zoning, decommissioning, and site restoration.

  • Title 30, Arizona Revised Statutes

    CHAPTER 7 SOLAR ENERGY POWER PLANTS ARTICLE 1. GENERAL PROVISIONS

    Adds a new chapter for solar energy power plants, outlining general provisions.

  • 30-901

    A CITY, TOWN OR COUNTY MAY ADOPT ZONING STANDARDS, SITE SPECIFIC CONDITIONS AND PERMITTING REQUIREMENTS OR PROCEDURES FOR A SOLAR ENERGY POWER PLANT THAT IS LOCATED IN THE CITY, TOWN OR COUNTY.

    Allows local governments to adopt zoning standards and permitting requirements for solar energy power plants.

  • 30-902

    THE TRANSFER OF A SOLAR ENERGY POWER PLANT OR SPECIAL USE PERMIT OR THE SALE OF THE ENTITY OWNING THE SOLAR ENERGY POWER PLANT MAY NOT OCCUR WITHOUT WRITTEN ACCEPTANCE BY THE TRANSFEREE OF THE TRANSFEROR'S OBLIGATIONS UNDER THIS CHAPTER...

    Establishes requirements for the transfer or sale of solar energy power plants, ensuring obligations related to decommissioning are upheld.

  • 30-903

    THE OWNER OR OPERATOR OF A SOLAR ENERGY POWER PLANT SHALL: 1. MAINTAIN THE PLANT IN GOOD CONDITION AND REPAIR. 2. EXCEPT DURING PERIODS OF REGULAR MAINTENANCE AND PLANNED CURTAILMENTS, ENSURE THAT THE PLANT REMAINS FUNCTIONAL AND OPERATIONAL UNTIL DECOMMISSIONING OF THE PLANT IS INITIATED PURSUANT TO THIS CHAPTER.

    Imposes maintenance requirements on owners/operators of solar energy power plants to ensure operational standards until decommissioning.

  • 30-904

    A CITY, TOWN OR COUNTY MAY ADOPT AND ENFORCE MINIMUM STANDARDS AND PROCEDURES FOR THE DECOMMISSIONING OF A SOLAR ENERGY POWER PLANT THAT IS SUBJECT TO A LAND USE OR ZONING PERMIT AUTHORIZED PURSUANT TO THIS CHAPTER.

    Grants local entities the authority to establish standards and procedures for decommissioning solar energy power plants.

  • 30-905

    A SOLAR ENERGY POWER PLANT OWNER OR OPERATOR SHALL PROVIDE THE CITY, TOWN OR COUNTY WHERE THE SOLAR ENERGY POWER PLANT IS LOCATED WITH A DECOMMISSIONING AND SITE RESTORATION PLAN.

    Requires solar energy power plant owners/operators to submit a decommissioning and site restoration plan to local governments.

  • 30-906

    THE OWNER OR OPERATOR OF A SOLAR ENERGY POWER PLANT SHALL NOT ABANDON A SOLAR ENERGY POWER PLANT FOR ANY REASON, INCLUDING BANKRUPTCY OR FINANCIAL INSOLVENCY.

    Prohibits abandonment of solar energy power plants under any circumstances, including bankruptcy.

  • 30-903

    A CITY, TOWN OR COUNTY MAY ADOPT AND ENFORCE REASONABLE PENALTIES AND PROCEDURES FOR THE VIOLATION OF OR NONCOMPLIANCE WITH ANY TIMELINE OR REQUIREMENT.

    Allows local governments to implement penalties for noncompliance with decommissioning or maintenance requirements.

Action History

  1. Vetoed by Governor

  2. Transmit to Governor

  3. PASSED

  4. PASSED

  5. Transmit to House

  6. PASSED

  7. DPA

  8. DPA

  9. Senate Second Reading

  10. Senate First Reading

  11. Transmit to Senate

  12. PASSED

  13. DPA

  14. House Placed on Consent Calendar

  15. DP

  16. House Second Reading

  17. House First Reading.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 92 not signed on · 42 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (92)

92 members have not signed on to this bill.

Show all 92 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed

Passed 31 Yea · 27 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 01602
Republican 23000
Unaffiliated 81100
Total 312702
% of votes cast 52%45%0%3%
How each member voted (60)
Member Party Vote
Amish Shah — Nay
Andres Cano — Nay
Athena Salman — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Longdon — Nay
Jennifer Pawlik — Nay
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Nay
Laura Terech — Nay
Leezah Elsa Sun — Nay
Marcelino Quiñonez — Nay
Melody Hernandez — Nay
Travis W. Grantham — Yea
Alma Hernandez Democrat Not Voting
Analise Ortiz Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Quantá Crews Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Not Voting
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Julie Willoughby Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

Passed

Passed 16 Yea · 13 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 01001
Unaffiliated 6300
Republican 10000
Total 161301
% of votes cast 53%43%0%3%
How each member voted (30)
Member Party Vote
Anna Hernandez — Nay
Anthony Kern — Yea
Christine Marsh — Nay
Juan Mendez — Nay
Justine Wadsack — Yea
Ken Bennett — Yea
Sine Kerr — Yea
Sonny Borrelli — Yea
Steve Kaiser — Yea
Brian Fernandez Democrat Not Voting
Catherine Miranda Democrat Nay
Denise “Mitzi” Epstein Democrat Nay
Eva Burch Democrat Nay
Eva Diaz Democrat Nay
Flavio Bravo Democrat Nay
Lela Alston Democrat Nay
Priya Sundareshan Democrat Nay
Rosanna Gabaldón Democrat Nay
Sally Ann Gonzales Democrat Nay
Theresa Hatathlie Democrat Nay
David C. Farnsworth Republican Yea
David Gowan Republican Yea
Frank Carroll Republican Yea
J.D. Mesnard Republican Yea
Jake Hoffman Republican Yea
Janae Shamp Republican Yea
John Kavanagh Republican Yea
Thomas "T.J." Shope Republican Yea
Warren Petersen Republican Yea
Wendy Rogers Republican Yea

do pass amended

Failed 0 Yea · 0 Nay

Per-member breakdown not published by this state.

Passed

Passed 31 Yea · 28 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 01800
Republican 22000
Unaffiliated 91001
Total 312801
% of votes cast 52%47%0%2%
How each member voted (60)
Member Party Vote
Amish Shah — Not Voting
Andres Cano — Nay
Athena Salman — Nay
Austin Smith — Yea
Barbara Parker — Yea
Ben Toma — Yea
Cory McGarr — Yea
David L. Cook — Yea
Jacqueline Parker — Yea
Jennifer Longdon — Nay
Jennifer Pawlik — Nay
Judy Schwiebert — Nay
Justin Heap — Yea
Keith Seaman — Nay
Laura Terech — Nay
Leezah Elsa Sun — Nay
Liz Harris — Yea
Marcelino Quiñonez — Nay
Melody Hernandez — Nay
Travis W. Grantham — Yea
Alma Hernandez Democrat Nay
Analise Ortiz Democrat Nay
Cesar Aguilar Democrat Nay
Christopher Mathis Democrat Nay
Consuelo Hernandez Democrat Nay
Flavio Bravo Democrat Nay
Lorena Austin Democrat Nay
Lupe Contreras Democrat Nay
Lydia Hernandez Democrat Nay
Mae Peshlakai Democrat Nay
Mariana Sandoval Democrat Nay
Myron Tsosie Democrat Nay
Nancy Gutierrez Democrat Nay
Oscar De Los Santos Democrat Nay
Patty Contreras Democrat Nay
Seth Blattman Democrat Nay
Stacey Travers Democrat Nay
Stephanie Stahl Hamilton Democrat Nay
Alexander Kolodin Republican Yea
Beverly Pingerelli Republican Yea
David Livingston Republican Yea
David Marshall, Sr. Republican Yea
Gail Griffin Republican Yea
John Gillette Republican Yea
Joseph Chaplik Republican Yea
Justin Wilmeth Republican Yea
Kevin Payne Republican Yea
Laurin Hendrix Republican Yea
Leo Biasiucci Republican Yea
Lupe Diaz Republican Yea
Matt Gress Republican Yea
Michael Carbone Republican Yea
Michele Peña Republican Yea
Neal Carter Republican Yea
Quang H Nguyen Republican Yea
Rachel Keshel Republican Yea
Selina Bliss Republican Yea
Steve Montenegro Republican Yea
Teresa Martinez Republican Yea
Timothy "Tim" Dunn Republican Yea

do pass amended

Failed 0 Yea · 0 Nay

Per-member breakdown not published by this state.

Subjects

environment energy
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 2618?
HB 2618 is sponsored by Gail Griffin (Republican).
What is the current status of HB 2618?
This bill died with 56th Legislature - First Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 2618?
Track HB 2618 free on One Click Politics — get push/email alerts when it moves.

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