22.266.12 97th Legislative Session 919
Introduced by: The Committee on Commerce and Energy at the request of the South Dakota Public Utilities Commission
An Act to require financial security for the decommissioning of solar facilities.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 49-41B-39 be AMENDED:
All right and
title in any financial security required by the commission for the
decommissioning of wind turbines
or solar facilities must
be controlled by the commission,
in accordance with the terms of the financial security agreement or
until the commission by order releases the security. The financial
security of the person required to provide it may not be cancelled,
assigned, revoked, disbursed, replaced, or allowed to terminate
without commission approval.
The commission may require, accept, hold, or enter into any agreement or instrument for the provision of financial security, including any funds reserved or held by any person to satisfy or guarantee the obligation of an owner of wind turbines or solar facilities permitted under this chapter, to decommission and remove the wind turbines or solar facilities. The form, term, and conditions of the financial security are subject to the approval of the commission. The commission shall determine any claim upon the financial security made by any landowner for decommissioning and removal of turbines or solar facilities.
Any financial security provided
under this chapter may not be pledged or used as security for any
other obligation of the wind turbine
or solar facilities
owner, and is exempt from attachment or mesne process, from levy or
sale on execution, and from any other final process issued from any
court on behalf of third
In any case, the commission may
appear in court and defend the integrity and viability of the
financial security for purposes of decommissioning and removal of
or solar facilities.
The commission may not require any financial security from an owner
of wind turbines
or solar facilities
who is also a public utility as defined in
Underscores indicate new language.
indicate deleted language.