Every large-scale solar project requires that project developers provide a decommissioning agreement in writing to county and town officials and to the public. The details are very important because they constitute the sole legal commitment about what the solar developer is or is not required to do to remove the installation. Each solar project is slightly different and zoning rules vary from county to county, especially with regard to industrial-scale solar. Each decommissioning document needs to be reviewed carefully to make sure the process and end result is in the best interests of county and town taxpayers.
The most important question of all for any aspect of the decommissioning process is whether the details will be put in writing in a form that is legally binding and enforceable by the county or town.
For instance, how is the decision to decommission a large-scale solar project made? How will the land be restored and will all equipment and hardware be completely removed? What happens to the used solar panels if the manufacturers (most of whom are in China) refuse to take them back? And who pays in the end?
Details for the first four items are from documentation provided for the 2016/2017 hearing on the Belcher II Solar Project in Louisa County, while decommissioning costs are from the APA’s Planning Advisory Memo: