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Committee debates when solar decommissioning bond should be required
Summary
Members discussed requiring a decommissioning bond for solar projects either at permit issuance or before the facility begins selling power; the county attorney recommended requiring the bond with the permit to better protect the county in bankruptcy scenarios.
A staff member told the committee the primary substantive change under consideration for solar projects is clarifying when a decommissioning bond must be posted. The staff member said his view is that the bond should be presented "before they start selling power to the power company," a trigger some members said they would accept.
Committee members raised concerns about the county being left with infrastructure if a developer fails or goes bankrupt before posting a bond. One committee member asked, "What if they put in the units and then just leave us hanging and we don't have a bond?" The county attorney recommended obtaining the decommissioning bond when issuing the permit to ensure the county has legal protection if the owner goes bankrupt before remediation.
The group also noted the draft treats systems disconnected for more than 12 months as abandoned and subject to removal at the property owner's expense, and that staff would continue refining the exact bond language before sending the draft on to the planning commission.
