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1 | | existed immediately before the construction of the wind energy |
2 | | facility including, but not limited to, the restoration of the |
3 | | topography of the property to its condition before construction |
4 | | provided, however, that foundations, pads, electrical lines, |
5 | | and any other underground facility must be removed to a depth |
6 | | of 5 feet below the surface of the ground. |
7 | | "Landowner" means any person with an ownership interest in |
8 | | property (i) that is used for agricultural purposes and (ii) |
9 | | that is party to an underlying agreement. |
10 | | "Underlying agreement" means the written or oral agreement |
11 | | with a landowner including, but not limited to, an easement, |
12 | | option, lease, or license, under the terms of which another |
13 | | person has constructed, constructs, or intends to construct a |
14 | | commercial wind energy facility on the property of the |
15 | | landowner. |
16 | | "Wind turbine" means a wind turbine of equal to or greater |
17 | | than 500 kilowatts in total nameplate generating capacity. |
18 | | "Wind turbine tower height" means the distance from the |
19 | | wind turbine rotor blade at its highest point to the top |
20 | | surface of the wind turbine foundation. |
21 | | Section 15. Construction activities. |
22 | | (a) A commercial wind energy operator that is the owner of |
23 | | a commercial wind energy facility located on land owned by |
24 | | another person or entity shall enter into an agricultural |
25 | | impact mitigation agreement with the Department outlining |
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1 | | construction standards and policies designed to preserve the |
2 | | integrity of any agricultural land that is impacted by |
3 | | commercial wind energy facility construction. The agricultural |
4 | | impact mitigation agreement shall address such items as access |
5 | | roads, construction staging and storage areas, excavation and |
6 | | backfill, protection of agricultural drainage tiles, wind |
7 | | turbine foundations, wind turbine erection, restoration of |
8 | | agricultural land affected by all construction, |
9 | | indemnification of landowners, monitoring, and remediation. |
10 | | (b) The agricultural impact mitigation agreement shall be |
11 | | entered into prior to the construction of the commercial wind |
12 | | energy facility. The agricultural impact mitigation agreement |
13 | | is binding on any subsequent wind energy operator that takes |
14 | | ownership of the commercial wind energy facility that is the |
15 | | subject of the agreement. The agricultural impact mitigation |
16 | | agreement is not required for commercial wind energy facilities |
17 | | already constructed or properly permitted or sited by decision |
18 | | of a county or municipality made prior to the effective date of |
19 | | this Act. |
20 | | (c) The Department shall adopt rules that are necessary and |
21 | | appropriate for the implementation and administration of |
22 | | agricultural impact mitigation agreements as required under |
23 | | this Act. |
24 | | Section 20. Deconstruction activities. |
25 | | (a) The commercial wind energy operator is responsible for |
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1 | | deconstruction of the commercial wind energy facility and for |
2 | | all costs associated with deconstruction of that facility and |
3 | | associated facilities. |
4 | | (b) A commercial wind energy facility is presumed to be at |
5 | | the end of its useful life if (i) the commercial wind energy |
6 | | operator fails, for a period of 12 consecutive months, to |
7 | | operate a commercial wind facility or wind turbine for the |
8 | | purpose of which it was designed and installed and (ii) the |
9 | | commercial wind energy operator fails, for a period of 6 |
10 | | consecutive months, to pay the landowner moneys owed to him or |
11 | | her in accordance with the underlying agreement. |
12 | | (c) The commercial wind energy operator shall begin |
13 | | deconstruction of the commercial wind energy facility within 8 |
14 | | months after the time the facility or turbine reaches the end |
15 | | of its useful life. Deconstruction must be completed within 18 |
16 | | months after the commercial wind energy facility reaches the |
17 | | end of its useful life. |
18 | | (d) Commercial wind energy operators of commercial wind |
19 | | energy facilities not properly sited or permitted by decision |
20 | | of a county or municipality prior to the effective date of this |
21 | | Act shall file with the Commission a plan detailing the |
22 | | estimated deconstruction cost per turbine, in current dollars |
23 | | at the time of filing, for the proposed commercial wind energy |
24 | | conversion facility. The plan shall be prepared by an |
25 | | independent third party at the commercial wind energy |
26 | | operator's expense. The plan must also include a comprehensive |
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1 | | detailed description describing how the commercial wind energy |
2 | | operator plans to pay for the deconstruction of the commercial |
3 | | wind energy facility. The Commission may at any time after the |
4 | | construction of the commercial wind energy facility require the |
5 | | commercial wind energy operator to file a report to the |
6 | | Commission describing how the operator is fulfilling its |
7 | | obligations under this Section. |
8 | | (e) The Commission shall require the commercial wind energy |
9 | | operator to secure a performance bond, surety bond, letter of |
10 | | credit, corporate guarantee, or other form of financial |
11 | | assurance that is acceptable to the Commission to cover the |
12 | | anticipated costs of deconstruction of the commercial wind |
13 | | energy facility or turbine. In determining the anticipated |
14 | | costs of deconstruction, the Commission shall take into |
15 | | account, among other things, the information provided under |
16 | | subsection (d), the number of wind turbines and related |
17 | | commercial wind energy facilities involved, the original |
18 | | construction costs of the commercial wind energy facilities, |
19 | | the size and capacity of the wind turbines, and the |
20 | | construction method and techniques for the turbines and other |
21 | | commercial wind energy facilities. The Commission will |
22 | | reevaluate the anticipated costs of deconstruction every 5 |
23 | | years after its initial assessment or if there is a change in |
24 | | commercial wind energy operator for a particular commercial |
25 | | wind energy facility, and based on that reevaluation require |
26 | | changes in the level of financial assurance required from the |
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1 | | commercial wind energy operator. |
2 | | (f) Commercial wind energy operators of sited or permitted |
3 | | commercial wind energy facilities existing as of the effective |
4 | | date of this Act shall file with the Commission information |
5 | | required in subsection (d) or any existing agreement with a |
6 | | county or municipality addressing deconstruction issues within |
7 | | one year after the effective date of this Act. The Commission |
8 | | may evaluate such information and existing agreement and make |
9 | | advisory recommendations to the commercial wind energy |
10 | | operator and county or municipality regarding changes in the |
11 | | level of financial assurance required from the commercial wind |
12 | | energy operator. The Commission shall reevaluate the |
13 | | anticipated costs of deconstruction every 5 years after its |
14 | | initial assessment or if there is a change in commercial wind |
15 | | energy operator for a particular commercial wind energy |
16 | | facility and, based upon that reevaluation, make advisory |
17 | | recommendations regarding changes in the level of financial |
18 | | assurance required from the commercial wind energy operator. |
19 | | (g) If the commercial wind energy operator does not |
20 | | complete deconstruction, the Commission may take such action as |
21 | | necessary to complete deconstruction, including drawing upon |
22 | | the financial assurance required in subsection (d). The entry |
23 | | into an underlying agreement shall constitute agreement and |
24 | | consent of the parties to the agreement and their respective |
25 | | heirs, successors, and assigns that the Commission may take |
26 | | such action as may be necessary for the deconstruction of the |
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1 | | commercial wind energy facility or wind turbine, including the |
2 | | exercise by the Commission, Commission staff, and its |
3 | | contractors of the right of ingress and egress for the purpose |
4 | | of deconstruction of the commercial wind energy facility. |
5 | | (h) If there is a change in ownership of the wind energy |
6 | | facility, the commercial wind energy operator assuming |
7 | | ownership of the facility shall provide notice to the |
8 | | Commission of such change and the existing financial assurance |
9 | | requirements for the facility as required in subsection (f) |
10 | | will apply to the new operator. |
11 | | (i) The Commission shall adopt rules that are necessary and |
12 | | appropriate for the implementation and administration of |
13 | | deconstruction activities as required under this Act.
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14 | | Section 99. Effective date. This Act takes effect upon |
15 | | becoming law.
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