LAC 43:I.5113. Decommissioning Requirements

A. All solar power generation facilities shall be decommissioned in accordance with this Chapter, except those exempt pursuant to Section 5119. Decommissioning shall include all removal activities and restoration activities unless otherwise provided herein. B. Each facility shall be decommissioned within 18 months after its final day of power generation. The designated operator shall notify the department in writing within 30 days after the facility’s final day of power generation. 1. A facility shall be presumed to have reached its final day of power generation and considered abandoned if the facility has not generated power for 12 consecutive months. A responsible party, designated operator, or landowner may rebut the presumption by providing written notice to the department showing good cause therefor and, if applicable, providing a proposed timeline for recommencement of power generation. a. If the department determines that good cause was shown, it shall issue a written finding regarding the status of the facility and, if applicable, establish a deadline to comply with the rules of this Chapter. b. If the department determines that good cause was not shown, it may order the responsible party or designated operator to recommence power generation or proceed with decommissioning. If no action is taken within 30 days of the order, the department may commence decommissioning in accordance with the rules of this Chapter. 2. If a force majeure event unreasonably hinders or prevents decommissioning within 18 months of the facility’s final day of power generation, the designated operator shall notify the department in writing within 30 days after the event. The notice shall provide a detailed description of the nature of the event, the anticipated duration of the delay, an estimated timeline for resuming decommissioning activities, and any documentation supporting the inability to comply with the applicable deadline. If the department determines that the circumstances warrant an extension, it shall specify a reasonable deadline for compliance to the designated operator in writing. The department may order the designated operator to submit one or more written reports illustrating good faith efforts to resume decommissioning in accordance with the deadline. C. Decommissioning Plan. A facility’s decommissioning plan shall comply with the following requirements: 1. Preparation. The plan must be prepared, signed, and sealed by a professional engineer who is licensed to do business in Louisiana. 2. Facility Description. The plan shall include the following information and any other information reasonably required by the department regarding the subject facility: a. the location of the facility, the total number of acres within the facility footprint, the expected life of the facility, and the facility’s megawatt (MW) capacity for generation and battery storage, and; b. an itemized inventory of all solar devices, equipment, and component parts used or planned to be used in the facility’s operations; c. a detailed map of the facility footprint that illustrates the anticipated or actual location of all solar devices, equipment, and component parts used or planned to be used in the facility’s operations; all routes of ingress and egress to a public road; and all applicable setback plans; and d. a description of the historical and pre-development use(s) of the land and all site work performed or planned to be performed thereon. 3. Decommissioning Schedule. The plan shall include a statement of the anticipated sequence of removal activities and restoration activities and the anticipated period of time needed to complete them. 4. Decommissioning Activities. The plan shall include a detailed statement regarding the anticipated labor and equipment needed to complete the required removal activities and restoration activities. 5. Waste Management. The plan shall identify all solar devices, equipment, component parts, and other materials making up the facility that may be considered hazardous wastes and provide a summary of how they will be properly disposed of or recycled in accordance with applicable laws and regulations. 6. Decommissioning Cost Estimate. The plan shall provide an itemized schedule estimating, to the extent practicable, all costs necessary for or related to decommissioning as required by this Chapter. The estimate shall be adjusted as provided in Subsection (D) throughout the facility’s operational life. The plan must present the decommissioning estimate in the following in an itemized format: a. the gross cost of all decommissioning activities, including all related labor, materials, and equipment costs; b. an escalation rate, determined by the department to account for estimated future inflation until the cost estimate is revised in accordance with Subsection (D), that shall not exceed three percent per annum; and c. the total amount of the decommissioning cost estimate to be covered by the selected financial security instrument(s) and approved by the department. 7. Financial Security. A statement identifying the financial security option chosen by the designated operator to secure the cost of all decommissioning activities. 8. Emergency Plans. A statement of committed assurance that the designated operator will establish an emergency plan in conjunction with local authorities. D. The decommissioning plan and cost estimate shall be revised and submitted to the department every five years on or before the anniversary date of the permit’s issuance and within six months following any modification to the facility that is estimated to increase or decrease the cost of decommissioning by 10 percent or more. The revised decommissioning plan shall be prepared in accordance with Paragraph (C)(1) and include all relevant adjustments to the cost estimate. E. A facility that is under construction or operating prior to the effective date and has either provided a decommissioning plan or agreed to decommissioning terms and conditions in a lease or other form of agreement with the landowner, local police jury or council, or both may use the existing plan or agreement provisions in its permit application. However, the designated operator must submit revised plans in accordance with Subsection (D) that complies with the requirements set forth in Subsection (C).