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Board hears calls for stronger decommissioning assurance; draft requires 100% financial assurance
Summary
The draft ordinance would require a decommissioning plan, full cost financial assurance (bond or letter of credit), periodic reevaluations and a 10% contingency holdback for five years; public commenters urged cash deposits rather than bonds and clearer enforcement mechanisms.
The draft solar ordinance includes a detailed decommissioning and financial-assurance regime that drew focused attention during the meeting.
Under the draft, a facility owner must submit a decommissioning plan that provides for removal of solar panels, racking, foundations, substations and other equipment; restore soils and return land to crop production; and complete removal within 180 days of abandonment or end of useful life. The board's draft requires financial assurance equal to 100% of the village-approved end-of-life cost estimate, held as a surety or bond with the village named as beneficiary. The draft also allows the village to require periodic reevaluation every five years and to increase the financial assurance accordingly.
Public commenters and several trustees expressed concern that bonds alone could be insufficient if a developer dissolves; some urged requiring a cash deposit or letter-of-credit hold rather than, or in addition to, a corporate surety. The board and staff said the aim of the provisions is to protect landowners and ensure removal on behalf of the landowner if the facility owner fails to act.
