LAC 43:I.5101. Definitions

A. The definitions provided in this Section shall have the following meanings within this Chapter. Abandoned—a solar power generation facility that has not generated power for 12 consecutive months, except for good cause as determined by the department. Construction—the installation of solar devices, equipment, and other materials or structures necessary for the operation of a solar power generation facility. Construction does not include the performance of preliminary activities to prepare the site, such as clearing, grading, testing, and surveying. This definition is adopted solely for the purpose of implementing the requirements for permits in this Chapter and is not intended to be interpreted as, align with, or affect the meaning of “construction” under any other federal or state law or regulation. Decommission—the minimum requirements for the removal and recycling or disposal of all solar devices, integrated equipment and materials of a solar power generation facility, and transmission and distribution infrastructure traversing from the facility to the point of interconnection. Decommissioning Activities—is the collective performance of removal activities and restoration activities. Department—the Department of Conservation and Energy, or its successors. Designated Operator—any person with control or management of activities of a solar power generation facility who is authorized on behalf of all responsible parties as being primarily responsible for complying with all registration, permit, and financial security requirements set forth in this Chapter. Effective Date—July 1, 2026, or the date of final promulgation of these rules and regulations if later. Facility Footprint—the area within the perimeter of a solar power generation facility utilized by solar devices and integrated equipment up to, but not including, any fencing, setback, buffer, greenspace or similar requirements under state law or regulation, local ordinance, or contractual agreement(s). Force Majeure Event—a fortuitous event beyond the control of the designated operator, responsible party, landowner, or any combination thereof, that, based on the specific circumstances involved, ceases or unreasonably delays decommissioning activities. A force majeure event may include, without limitation: a major storm, flood, or similar natural disaster; federal or state order; significant supply chain disruptions; or other similar unforeseen events where timely and reasonable measures would not have avoided or mitigated the resulting impact. Material Change—any change to the information provided in a permit application, or upon which an active permit is based, that may reasonably affect the department’s evaluation of a facility’s compliance with this Chapter or any conditions of the permit to be issued. Material changes include, but are not limited to, a change in the designated operator or any responsible party; a change in the ownership or leasing structure of the facility site; a change to the facility’s capacity, acreage, or other configuration that increases or decreases the footprint by more than 10 percent; a change to the location of solar devices or the point of interconnection; a change in the form, provider, or amount of financial security; change to the decommissioning plan; or a change of the decommissioning cost estimate by 10 percent or more. Person—any natural person or legal entity capable of owning property, entering into legally binding agreements, or taking on legal obligations under contract or law. Removal Activities—the removal, recycling, and disposal of all solar devices, integrated equipment and materials making up the solar power generation facility, and any transmission and distribution infrastructure traversing from the facility to the point of interconnection. Responsible Party—any person that owns, in whole or in part, a solar power generation facility, is the lessee of the land on which the facility is located, or both. Restoration—returning the site on which a solar power generation facility was situated to its reasonable pre-construction condition in compliance with all applicable governmental regulations, procedures, and standards. Restoration Activities—reconditioning the land where a solar power generation facility was sited such that the land, to the extent practicable, resembles its condition prior to construction and operation of the facility. The secretary may consult with the department and other state or federal agencies to determine the type of restoration activities needed to reasonably restore the land, which may include, but are not limited to, grading, filling, planting native vegetation, and reforestation. Secretary—the secretary of the department. Solar Device—any photovoltaic, thermal, or other technology associated with the collection of solar energy to generate electricity, including but not limited to panels, arrays, and integrated wiring. Solar Power Generation Facility (or “Facility”)—all solar devices and the integrated equipment and other materials necessary for or incidental to the operation of solar devices located within the facility footprint to distribute, transfer, or store electricity, including but not limited to concrete or metal foundations and structures; electrical transformers, inverters, and controllers; above- and underground wires and conduit; energy storage mediums; telecommunications equipment; roads; meteorological stations; switchyards; maintenance yards; and security fencing.