                                 CODE OF VIRGINIA

BONDING PROVISIONS FOR DECOMMISSIONING OF SOLAR ENERGY EQUIPMENT, FACILITIES, OR
DEVICES (§ 15.2-2241.2)

A. As used in this section, unless the context requires a different meaning:
			&#8220;Decommission&#8221; means the removal and proper disposal of solar
energy equipment, facilities, or devices on real property that has been
determined by the locality to be subject to &#xA7; 15.2-2232 and therefore
subject to this section. &#8220;Decommission&#8221; includes the reasonable
restoration of the real property upon which such solar equipment, facilities, or
devices are located, including (i) soil stabilization and (ii) revegetation of
the ground cover of the real property disturbed by the installation of such
equipment, facilities, or devices.
			&#8220;Solar energy equipment, facilities, or devices&#8221; means any
personal property designed and used primarily for the purpose of collecting,
generating, or transferring electric energy from sunlight.

B. As part of the local legislative approval process or as a condition of
approval of a site plan, a locality shall require an owner, lessee, or developer
of real property subject to this section to enter into a written agreement to
decommission solar energy equipment, facilities, or devices upon the following
terms and conditions: (i) if the party that enters into such written agreement
with the locality defaults in the obligation to decommission such equipment,
facilities, or devices in the timeframe set out in such agreement, the locality
has the right to enter the real property of the record title owner of such
property without further consent of such owner and to engage in decommissioning,
and (ii) such owner, lessee, or developer provides financial assurance of such
performance to the locality in the form of certified funds, cash escrow, bond,
letter of credit, or parent guarantee, based upon an estimate of a professional
engineer licensed in the Commonwealth, who is engaged by the applicant, with
experience in preparing decommissioning estimates and approved by the locality;
such estimate shall not exceed the total of the projected cost of
decommissioning, which may include the net salvage value of such equipment,
facilities, or devices, plus a reasonable allowance for estimated administrative
costs related to a default of the owner, lessee, or developer, and an annual
inflation factor.

HISTORY: 2019, cc. 743, 744.