LAC 43:I.5109. Permit Requirement

A. As a prerequisite to the permit application, the designated operator of a proposed solar power generation facility shall send written notice to all adjacent landowners and the police jury or council of each parish where the proposed facility will be located. The notice shall include a general description of the proposed facility, including its location, the projected facility footprint and capacity, and the projected location of all electric transmission and distribution infrastructure related to interconnection of the facility to the electrical grid. B. The designated operator of a facility shall submit an administratively complete permit application to the department in advance of construction. The designated operator of a facility that has commenced construction or is in operation before the effective date of these rules shall have one year from the effective date to submit an administratively complete permit application. An administratively complete permit application shall include: 1. a copy of the designated operator’s completed registration form; 2. a completed permit application form adopted by the secretary that includes: a. the name, mailing address, email address, and phone number of each responsible party and, if applicable, the federal employer identification number and a copy of the detailed business record of each party from the Secretary of State’s website; and b. the facility’s projected capacity, total number of acres within the facility footprint and of the entire project, and expected lifespan; 3. a detailed and labeled map of the facility that includes, to the extent practicable, the location of all solar devices, the dimensions of the facility footprint, and any setback, barrier, or buffer; 4. a decommissioning plan prepared in accordance with all requirements of this Chapter; 5. a description of the financial security to be provided prior to construction of the facility, payable to the department in an amount and form acceptable to the secretary, and due to the department before the permit is issued; 6. if the immovable property where the facility is to be constructed and operated is subject to a lease or other contractual agreement conveying the right to construct and operate the facility: a. the name, mailing address, email address, and phone number of each lessor or grantor; and b. a copy of all agreements or notices of lease conveying rights to construct or operate the facility recorded in the public records; 7. a sworn affidavit signed by the designated operator certifying complete compliance with Subsection (A), and a copy of each notice issued in accordance therewith; 8. payment to the department of the application fee and application processing fee required in Section 5121; and 9. any other information required by the department for issuing permits under this Subpart or that is relevant and reasonable to implement this Chapter. C. Within 60 days of receipt, the department shall review each permit application and issue written notice of its findings to the designated operator as set forth below. 1. If the department finds that the application meets all requirements of this Chapter, the department shall issue a written notice to the designated operator certifying that the application is administratively complete. 2. If the department finds that the application is not administratively complete, the department shall issue a written notice to the designated operator identifying all missing or deficient information required for approval. The designated operator shall address and remedy each such deficiency within 30 days after receipt of the notice. Upon request and a showing of good cause by the designated operator, the department may extend the 30-day submission deadline. Failure to correct or provide the information identified in the notice within the applicable deadline shall constitute abandonment of the application process. Abandonment shall not prejudice the right of a designated operator to reapply for a permit under this Chapter or Subpart. D. Within 30 days of issuing written notice of completion to the designated operator, the department shall publish the notice of completion on the department’s website, in the state journal, and in the journal of each parish where the proposed facility will be located with instructions on submitting comments or a request for a public hearing regarding the decommissioning plan and financial security proposed in the permit application. The department will provide a copy of such publication to the police jury or council of all parishes in which the facility is located, the Department of Agriculture and Forestry, and the Department of Wildlife and Fisheries, with instructions on how to view the application. The publication shall specify a reasonable deadline by which all public comment(s) and request(s) for public hearing must be submitted. E. The department, in its discretion, may hold a public hearing concerning the decommissioning plan and financial security proposed in an administratively complete permit application. The department shall have 30 days to decide whether to hold a hearing. Each hearing shall be conducted solely to acquire information and afford the opportunity for public input on the information submitted in the permit application. 1. If the secretary elects to hold a public hearing, the department shall notify the designated operator, the affected parish(es), and all persons who requested a hearing. The department shall advertise notice of the hearing on its website, in the state journal, and in the journal of each affected parish at least 30 days before the hearing date. 2. If the secretary determines that no hearing will be held, the department shall notify the requesting party of the decision. F. The designated operator shall update the permit application with the department within 14 days after any material change of the information therein. The department may suspend or revoke an active permit upon a finding that a material change occurred, but was not reported to the department, before permit issuance. G. The department shall issue a final permit decision to the designated operator no later than 30 days after the public comment deadline or date of the public hearing, whichever occurs later. The department shall publish notice of its decision on its website and to any person that submitted a comment or requested notice. H. A permit issued by the department pursuant to this Chapter shall expire within five years of the date of issuance, unless construction of the facility has commenced. The designated operator may request an extension of the expiration date by providing the department with written notice that explains the circumstances for the delay and shows good cause for granting the request.