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Committee introduces measure requiring decommissioning deposit for wind turbine projects

3064147 · March 7, 2025
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Summary

A draft resolution would require wind developers to deposit estimated decommissioning costs with the state treasurer before construction; the committee introduced RS 32183 after lawmakers debated calculation, inflation risk and whether deposits or bonds are preferable.

Representative Kevin Andrus (Representative, District 35) introduced RS 32183, a proposal that would require owners of wind turbine sites to obtain a cost estimate for decommissioning and restoration and to place that estimated amount as a cash deposit with the state treasurer before turbines are fabricated or installed.

Andrus said the measure was designed to prevent land from becoming "huge eyesores" after facilities are out of commission and to ensure local areas are not left with cleanup costs. "They have to go and find a company to give them a quote of how much it will cost to remove all the windmills, return the land to its previous state, and whatever that quote is, they have to put that amount of money in a fund at the treasurer's office," Andrus said.

Committee members questioned mechanics. Representative Barbieri asked whether inflation over 20–25 years could leave the deposit insufficient and whether additional guarantees from developers (for example, personal guarantees) should be required; Andrus acknowledged that was not in the draft and said he was open to amendments. Representative Boyle queried whether the Idaho Department of Lands or an outside estimator would determine the deposit amount; the sponsor and others read the bill to require an owner-funded assessment and a departmental determination in consultation.

Members also discussed whether deposits should be held as a cash deposit (to earn some return) rather than a bond, and whether the scheme would apply to federal land; the sponsor said the text would apply to turbines on federal land as well.

The committee introduced RS32183 by motion, and the motion carried by voice vote. No final vote on a bill or rule change occurred at the hearing; the resolution was introduced for consideration and further drafting.