First Regular Session H.B. 2618
COMMITTEE ON NATURAL RESOURCES, ENERGY AND WATER
SENATE AMENDMENTS TO H.B. 2618
(Reference to House engrossed bill)
Page 1, line 7, after the first semicolon insert "standards; conditions;"
Line 12, after "the" insert "applicable standards, conditions,"; strike "or" insert "and"
Line 20, strike "an applicant" insert "a transferor"
Line 21, after "sale" insert ", except when the transferee and transferor provide for the transfer of liability or responsibility by agreement"
Line 27, after the period insert "Duty to maintain;"; strike "; applicability"
Between lines 27 and 28, insert:
"A. The owner or operator of a solar energy power plant shall maintain the plant in good condition and repair and shall ensure that the plant remains functional and in continuous operation until decommissioning of the plant is initiated pursuant to this chapter."
Reletter to conform
Line 28, after "A." insert "Except as otherwise provided in this section,"; strike "part" insert "component that is essential to the function"
Line 32, after the period insert "C."
Reletter to conform
Line 34, after the comma insert "in lieu of curing the damage or deficiency"
Line 37, after "B." insert "Except as otherwise provided in this section,"
Line 38, strike "one year" insert "eighteen months"; strike "applicant or"
Line 39, strike "its successors or assigns" insert "solar energy power plant owner or operator"
Line 41, after the period insert "E."
Reletter to conform
Page 1, line 43, strike "one year" insert "eighteen months"; after the comma insert "in lieu of restoring the solar energy power plant to function or operation"
Page 2, strike lines 3 through 5
Line 6, strike "; applicability"
Line 9, strike "as prescribed in this section" insert "that is approved by the city, town or county"
Line 10, after "plan" insert "prescribed in this section"
Line 13, after "and" insert "site"
Line 17, after "2." insert "A description of"
Line 19, strike "assurances" insert "assurance"; strike "comply" insert "complies"
Line 23, after "to" insert "decommissioning or site"; after the period insert "The DECOMMISSIONING and site restoration requirements prescribed in this section supersede any city, town or county standard, rule, requirement or ordinance that is related to the decommissioning of a solar energy power plant or restoration of a solar energy power plant site unless otherwise specified in this section."
Line 27, strike "and fencing"
Line 31, after the first "or" insert "a lesser depth"
Line 33, after the period strike remainder of line
Strike line 34
Line 40, strike "if possible" insert "EXCEPT when RESTorING the site to its original ground CONTOURS would be unduly burdensome or impossible"
Line 41, after "site" insert "to an alternate contour"
Line 43, after "vegetation" strike remainder of line
Strike lines 44 and 45
Page 3, strike lines 1 and 2, insert "to one of the following:
(a) A condition that is consistent with the natural condition of the site.
(b) A condition that reasonably approximates the condition of the site before construction of the solar energy power plant.
(c) An alternate condition on agreement with the landowner."
Page 3, line 3, after "roads" insert "on the site"
Strike line 4
Line 5, strike "the landowner's consent" insert "or on agreement with the landowner, retaining roads installed by the solar energy power plant owner or operator"
Line 6, strike "allowing" insert "On agreement with the landowner, retaining"
Line 7, after "improvements" insert a period strike remainder of line
Strike line 8
Between lines 9 and 10, insert:
"6. Completing site restoration activities within eighteen months after decommissioning completion unless OTHERWISE approved by the city, town or county."
Line 10, after "F." insert "If a solar energy power plant owner or operator fails to complete DECOMMISSIONING and site restoration within the time prescribed in subsections D and E of this section, the city, town or county,"; strike "property owner the"
Line 11, strike "city, town or county" insert "landowner"; strike "effect" insert "initiate"
Line 12, after the first "decommissioning" insert "or site restoration"; after the second "decommissioning" insert "and site restoration"
Strike lines 29 through 31
Line 32, strike "; applicability"
Line 36, after "amount" insert "that is"
Line 38, after "net" insert "of"
Line 40, after "located" insert "and that is reasonably based on the estimate described in section 30-904, subsection B"
Line 41, strike "ten" insert "eight"
Line 44, strike "for the"
Page 3, strike line 45, insert "to cover the cost of either:
1. Initiating or completing DECOMMISSIONING or site restoration as described in the decommissioning and site restoration plan if required under section 30-904, subsection F.
2. RESTORING a solar energy power plant to function or operation, if the solar energy power plant owner or operator violates section 30-903."
Page 4, strike lines 8 through 10
Line 11, strike "; applicability"
Line 13, after "policy" insert "or other indemnification agreement"; strike "includes" insert "results in"
Line 14, after "located" insert "arising from the solar energy power plant owner's or operator's actions or negligence"
Line 15, strike "and" insert a comma; after "operation" insert "or decommissioning"; after "plant" insert "or restoration of the solar energy power plant site"
Line 17, after "POLICY" insert "or other indemnification agreement"
Strike lines 20 through 22, insert:
"30-907. Applicability
A. This chapter applies to a solar energy power plant that is the subject of a permit application that is submitted to a city, town or county from and after the effective date of this section.
B. This chapter does not apply to a small-scale solar energy power plant that is mounted on a residential, commercial or industrial roof or structure, that is used primarily for on-site power and that results in only residual power returning to the grid."
Line 26, after the first semicolon insert "standards; conditions;"
Line 30, after "the" insert "applicable standards, conditions,"
Line 31, strike "or" insert "and"
Line 39, strike "an applicant" insert "a transferor"
Page 4, line 40, after "sale" insert ", except when the transferee and transferor provide for the transfer of liability or responsibility by agreement"
Page 5, line 1, after the period insert "Duty to maintain;"; strike "; applicability"
Between lines 1 and 2, insert:
"A. The owner or operator of a wind energy power plant shall maintain the plant in good condition and repair and shall ensure that the plant remains functional and in continuous operation until decommissioning of the plant is initiated pursuant to this chapter."
Reletter to conform
Line 2, after "A." insert "Except as otherwise provided in this section,"; strike "part" insert "component that is essential to the function"
Line 6, after the period insert "C."
Reletter to conform
Line 8, after the comma insert "in lieu of curing the damage or deficiency"
Line 11, after "B." insert "Except as otherwise provided in this section,"
Line 12, strike "one year" insert "eighteen months"; strike "applicant or"
Line 13, strike "its successors or assigns" insert "wind energy power plant owner or operator"
Line 15, after the period insert "E."
Reletter to conform
Line 17, strike "one year" insert "eighteen months"; after the comma insert "in lieu of restoring the wind energy power plant to function or operation"
Strike lines 21 through 23
Line 24, strike "; applicability"
Line 27, strike "as prescribed in this section" insert "that is approved by the city, town or county"
Line 28, after "plan" insert "prescribed in this section"
Line 35, after "2." insert "a description of"
Page 5, line 37, strike "assurances" insert "assurance"; strike "comply" insert "complies"
Line 41, after "to" insert "decommissioning or site"; after the period insert "The decommissioning and site restoration requirements prescribed in this section supersede any city, town or county standard, rule, requirement or ordinance that is related to the decommissioning of a wind energy power plant or restoration of a wind energy power plant site unless otherwise specified in this section."
Line 45, strike "and fencing"
Page 6, line 4, after the first "or" insert "a lesser depth"
Line 6, after the period strike remainder of line
Strike line 7
Line 13, strike "if possible" insert "except when restoring the site to its original ground contours would be unduly burdensome or impossible"
Line 14, after "site" insert "to an alternate contour"
Line 16, after "vegetation" strike remainder of line
Strike lines 17 through 20, insert "to one of the following:
(a) A condition that is consistent with the natural condition of the site.
(b) A condition that reasonably approximates the condition of the site before construction of the wind energy power plant.
(c) An alternate condition on agreement with the landowner."
Line 21, after "roads" insert "on the site"
Strike line 22
Line 23, strike "the landowner's consent" insert "or on agreement with the landowner, retaining the roads installed by tHE wind energy power plant owner or operator"
Line 24, strike "allowing" insert "on agreement with the landowner, retaining"
Line 25, after "improvements" insert a period strike remainder of line
Strike line 26
Page 6, between lines 27 and 28, insert:
"6. Completing site restoration activities within eighteen months after decommissioning completion unless otherwise approved by the city, town or county."
Line 28, after "F." insert "If a wind energy power plant owner or operator fails to complete decommissioning and site restoration within the time prescribed in subsections D and E of this section, the city, town or county,"; strike "property owner the"
Line 29, strike "city, town or county" insert "landowner"; strike "effect" insert "initiate"
Line 30, after the first "decommissioning" insert "or site restoration"; after the second "decommissioning" insert "and site restoration"
Page 7, strike lines 3 through 5
Line 6, strike "; applicability"
Line 10, after "amount" insert "that is"
Line 12, after "net" insert "of"
Line 14, after "located" insert "and that is reasonably based on the estimate described in section 30-1004, subsection B"
Line 15, strike "five" insert "eight"
Line 18, strike "for the"
Strike line 19, insert "to cover the cost of either:
1. Initiating or completing decommissioning or site restoration as described in the decommissioning and site restoration plan if required under section 30-1004, subsection F.
2. RESTORING a wind energy power plant to function or operation, if the wind energy POWER plant owner or operator violates section 30-1003."
Strike lines 27 through 29
Line 30, strike "; applicability"
Line 32, after "policy" insert "or other indemnification agreement"; strike "includes" insert "results in"; strike "wind energy power plant"
Page 7, line 33, strike "related" insert "reasonable"
Line 34, after "located" insert "arising from the wind energy power plant owner's or operator's actions or negligence"
Line 36, after "policy" insert "or other indemnification agreement"
Strike lines 39 through 41
Amend title to conform