2023 Texas Statutes › Utilities Code › Title 6 - Private Power Agreements › Chapter 301 - Wind Power Facility Agreements › Section 301.0003. Required Agreement Provisions on Facility Removal

Sec. 301.0003.  REQUIRED AGREEMENT PROVISIONS ON FACILITY REMOVAL.  (a)  A wind power facility agreement must provide that the grantee is responsible for removing the grantee's wind power facilities from the landowner's property and that the grantee shall, in accordance with any other applicable laws or regulations, safely:
(1)  clear, clean, and remove from the property:
(A)  each wind turbine generator, including towers and pad-mount transformers;
(B)  all liquids, greases, or similar substances contained in a wind turbine generator;
(C)  each substation; and
(D)  all liquids, greases, or similar substances contained in a substation;
(2)  for each tower foundation and pad-mount transformer foundation installed in the ground:
(A)  clear, clean, and remove the foundation from the ground to a depth of at least three feet below the surface grade of the land in which the foundation is installed; and
(B)  ensure that each hole or cavity created in the ground by the removal is filled with topsoil of the same type or a similar type as the predominant topsoil found on the property;
(3)  for each buried cable, including power, fiber-optic, and communications cables, installed in the ground:
(A)  clear, clean, and remove the cable from the ground to a depth of at least three feet below the surface grade of the land in which the cable is installed; and
(B)  ensure that each hole or cavity created in the ground by the removal is filled with topsoil of the same type or a similar type as the predominant topsoil found on the property; and
(4)  clear, clean, and remove from the property each overhead power or communications line installed by the grantee on the property.
(b)  The agreement must provide that, at the request of the landowner, the grantee shall:
(1)  clear, clean, and remove each road constructed by the grantee on the property; and
(2)  ensure that each hole or cavity created in the ground by the removal is filled with topsoil of the same type or a similar type as the predominant topsoil found on the property.
(c)  The agreement must provide that, at the request of the landowner, if reasonable, the grantee shall:
(1)  remove from the property all rocks over 12 inches in diameter excavated during the decommissioning or removal process;
(2)  return the property to a tillable state using scarification, V-rip, or disc methods, as appropriate; and
(3)  ensure that:
(A)  each hole or cavity created in the ground by the removal is filled with topsoil of the same type or a similar type as the predominant topsoil found on the property; and
(B)  the surface is returned as near as reasonably possible to the same condition as before the grantee dug holes or cavities, including by reseeding pastureland with native grasses prescribed by an appropriate governmental agency, if any.
(d)  The landowner shall make a request under Subsection (b) or (c) not later than the 180th day after the later of:
(1)  the date on which the wind power facility is no longer capable of generating electricity in commercial quantities; or
(2)  the date the landowner receives written notice of intent to decommission the wind power facility from the grantee.
Added by Acts 2019, 86th Leg., R.S., Ch. 1293 (H.B. 2845), Sec. 1, eff. September 1, 2019.