46-3-69. Decommissioning requirements.

A solar power facility agreement shall provide that the grantee shall be responsible for removing the grantee’s solar power facilities from the landowner’s property upon the termination of the lease and that the grantee shall, in accordance with any other applicable laws or regulations, safely:#

1. (1)

   Clear, clean, and remove from the property all grantee owned solar energy devices and all grantee owned equipment, personal property, and improvements used to support such devices;#

2. (2)

   For each foundation of a solar energy device, transformer, or substation installed on the property by the grantee:#

   1. (A)

      Clear, clean, and remove the foundation from the ground to a depth of at least three feet below the surface grade of the land in which the foundation is installed; and#

   2. (B)

      Ensure that each hole or cavity created in the ground by such removal is filled with soil of the same type or a similar type as the predominant soil found on the property;#

3. (3)

   For each cable, including power, fiber-optic, and communications cables, installed underground by the grantee:#

   1. (A)

      Clear, clean, and remove the cable from the ground to a depth of at least three feet below the surface grade of the land in which the cable is installed; and#

   2. (B)

      Ensure that each hole or cavity created in the ground by such removal is filled with soil of the same type or a similar type as the predominant soil found on the property; and#

4. (4)

   Clear, clean, and remove from the property each overhead power or communications line installed on the property by the grantee.#

A solar power facility agreement shall provide that, at the request of the landowner, the grantee shall:#

1. (1)

   Clear, clean, and remove each road constructed on the property by the grantee; and#

2. (2)

   Ensure that each hole or cavity created in the ground by such removal is filled with soil of the same type or a similar type as the predominant soil found on the property.#

A solar power facility agreement shall provide that, at the request of the landowner, the grantee shall:#

1. (1)

   Remove from the property all rocks more than 12 inches in diameter excavated during the decommissioning or removal of the grantee’s solar power facilities; and#

2. (2)

   Ensure that:#

   1. (A)

      Each hole or cavity created in the ground by such decommissioning or removal is filled with soil of the same type or a similar type as the predominant soil found on the property; and#

   2. (B)

      The surface is returned, as near as reasonably possible, to the same condition as before the grantee dug holes or cavities, including, but not limited to, by reseeding pastureland with native, naturalized, and introduced grasses and legumes prescribed by an appropriate governmental agency, if any.#

A landowner shall make any request provided by a solar power facility agreement pursuant to subsection (b) or (c) of this Code section no later than 12 months after the later of:#

1. (1)

   The date on which the solar power facility is no longer capable of generating electricity in commercial quantities, except when such inability to generate electricity is the result of an event of force majeure or when the grantee is in the process of repairing the solar power facility, provided that, in either case, the solar power facility resumes generating electricity in commercial quantities within 180 days;#

2. (2)

   The date the landowner receives written notice of intent to decommission the solar power facility from the grantee; or#

3. (3)

   The date the solar power facility agreement is terminated.#

The requirements of this Code section applicable to a solar power facility agreement may be waived or modified through a written, notarized agreement between the grantee and landowner. Any such agreement shall be recorded with the clerk of the superior court of the county where the solar power facility is located.#