HB 1868

Abstract

Creates the Wind Energy Facilities Deconstruction Act. Requires the owner of a wind energy generation facility to deposit, with the Department of Agriculture, an irrevocable letter of credit and to maintain that letter until the wind energy generation facility has been subjected to deconstruction. Requires each letter of credit to list the Director of Agriculture as the beneficiary. Provides that if a claimant is able to establish that an abandonment has occurred, but that a deconstruction has not occurred within a specified period of time, then the Department shall request payment from the issuer of the letter of credit, deposit the payment in the Wind Energy Deconstruction Fund Trust Account, enter into a deconstruction agreement, and spend moneys in the Account to have the deconstruction performed. Provides that a claimant desiring to make a claim on the Fund shall file with the Department a complaint containing certain elements. Requires the Department to levy an annual fee on commercial wind energy owners that are conducting wind energy generation activities in the State. Requires those fees to be deposited into the Commercial Wind Energy Operations Fund, for use by the Department to cover certain administrative expenses. Amends the State Finance Act to create the Commercial Wind Energy Operations Fund, as a special fund in the State treasury. Effective July 1, 2011.