LAC 43:I.5119. Exemptions

A. Solar power generation facilities owned by an electric utility provider and regulated by the Public Service Commission or the Council of the city of New Orleans are exempt from the requirements of Sections 5109–5115 of this Chapter when either of the following conditions are met: 1. the facility is located on land owned by the electric utility provider, and the provider is capable of demonstrating a decommissioning plan to the applicable regulator; or 2. the facility is located on land leased by the electric utility provider, as long as: a. the provider guarantees to the landowner, in a form and manner acceptable to the secretary, that it will pay for all decommissioning costs consistent with the requirements of Section 5113; and b. the lease includes a provision(s) providing for site decommissioning at the end of the facility’s life, at the termination of the lease, as determined by a court of competent jurisdiction, or upon any other circumstances requiring closure of the facility. B. To qualify for this exemption, all electric utility providers shall register with the department as set forth in Section 5107 and provide documentation proving ownership of the facility and that it is regulated by the Public Service Commission or the Council of the city of New Orleans, as well as evidence that the elements of Subsection (A) above are met. 1. Evidence meeting the elements of Paragraph (A)(1) includes: a. a copy of any purchase agreement or other document demonstrating the provider has complete ownership of the land where the facility is or will be located; and b. proof that the provider is capable of demonstrating a decommissioning plan to the applicable regulator. 2. Evidence meeting the elements of Paragraph (A)(2) includes: a. a copy of the lease that: i. grants the provider the authority to construct and operate a facility on the leased acreage; and ii. contains a provision(s) providing for site decommissioning at the end of the facility’s life, at the termination of the lease, as determined by a court of competent jurisdiction, or upon any other circumstances that require closure of the facility; and b. a written guarantee to the landowner that the provider will pay for all decommissioning costs described in Section 5113. C. In the event a facility is no longer exempt pursuant to this Section, due to a transfer in ownership or any other reason, the designated operator or a responsible party shall have 60 days from the date from the event causing said status change to comply with the requirements of this Chapter.