(A) The county shall require the owner/operator to provide an semi-annual statement activity to ensure that the facility is actively producing electricity.
(B) When a facility ceases to be operational for a period of nine months, whether through abandonment or otherwise, decommissioning shall be enforced unless the owner/operator establishes that it is diligently working to restore the facility to imminent operation.
(C) When a facility ceases to be operational after the nine-month period set out above, the owner/operator of the facility shall return the land to its original natural state, including at least four inches of topsoil. All surface and subsurface materials shall be removed.
(D) When a facility is abandoned or decommissioned, the owner/operator of the facility shall notify the respective power company to enable the power company to remove the facility from its system.
(E) No material removed through the decommissioning process shall be placed in any landfill located in Clark County.
(F) To the greatest extent possible, the owner/operator shall recycle all solar panels and other material removed through the decommissioning process.
(G) All decommissioning activities shall be completed within six months after notice of inactivity is received by the county. If decommissioning is not completed within this time period, the county may cause the removal of the facility and the restoration of the land to its natural state, with all costs to be borne by the project owner/operator.
(H) The decommissioning obligations imposed herein shall be guaranteed and secured by a bond or letter of credit to be posted by the owner/operator and at their cost, in an amount to be established by the county, naming the county as the obligee/beneficiary, and subject to the following provisions:
(1) The bond or letter of credit shall cover the entire estimated cost of decommissioning as determined by an independent licensed engineer with experience in decommissioning utility-scale solar facilities and shall not be reduced by any provision for salvage value;
(2) The bond or letter of credit shall be provided by an insurance company or surety that shall at all times maintain at least an "Excellent" rating as measured by the AM Best Rating Agency or equivalent credit rating by any national credit rating agency and shall be non-cancelable by the provider or the customer until completion of the decommissioning plan or until a replacement bond or letter of credit is secured; and
(3) The bond or letter of credit shall be posted prior to the commencement of construction, and maintained thereafter, in an amount to be reassessed every three years based on the estimated decommissioning costs as determined by an independent licensed engineer with experience in decommissioning utility-scale solar facilities.
(I) A failure to comply with the decommissioning obligations set out herein, whether in whole or in part, will result in the forfeiture of the entire amount of the bond or letter of credit posted by the owner/operator pursuant to division (H).
(Ord. 2023-04, passed 6-22-2023)