(a) The Legislature finds that the State of West Virginia has an interest in assuring that wind generation facilities and solar generation facilities are properly decommissioned and reclaimed once the facility has been permanently closed. (b) The Legislature further finds that the most efficient manner by which to protect the citizens of the State of […]
This article shall be known and cited as The West Virginia Wind and Solar Energy Facility Reclamation Act.
As used in this article, unless the context requires otherwise, the following definitions apply: (a) “Board” means the Environmental Quality Board provided for in 22B-1-7 of this code. (b) “Decommission” or “decommissioning” means: (1) The removal and proper disposal of the solar generation facility and its foundation after the end of the facilitys useful life […]
(a) Within 12 months of a wind generation facility or solar generation facility commencing commercial operation, except as provided in subsections (b) and (c) of this section, the owner of a wind generation facility or solar generation facility operating in West Virginia shall: (1) Notify the Department of Environmental Protection (DEP) in writing of the […]
(a) This article establishes a Wind and Solar Decommissioning Account within the State Treasury. There must be paid into the account: (1) Fees and penalties collected in accordance with the article; and
(a)(1) Subject to subdivision (2) of this subsection, the Department of Environmental Protection (DEP) shall release the bond if it is satisfied that an owner has properly decommissioned a wind generation facility or solar generation facility in accordance with the plan required by this article. (2) At any time, an owner of a wind generation […]
The Department of Environmental Protection (DEP) may promulgate such emergency, interpretive, legislative, and procedural rules as the secretary deems to be useful or necessary to carry out the purpose of this article and to implement the intent of the Legislature in accordance with the provisions of 29A-3-1 et seq. of this code, prescribing: (a) Standards […]
Decommissioning agreements entered by wind and solar facilities not exempted from this Act shall address, at a minimum: (a) The term and scope of the agreement, including access and easement rights for decommissioning activities thereunder; (b) The establishment of a bond or fund for decommissioning activities; provisions governing the same; initial balances; and whether an […]
