SU0009634 - Laserfiche WebLink

Home Browse Search

PA 1300027(SA) & PA 1300066 Solar-Use Easement January 31, 2013 Page 4 of 5 ADDITIONAL REQUIREMENTS FOR TEMPORARY SOLAR FACILITIES In addition to the eight criteria discussed above, there is another statute requirement for temporary solar facilities: 9. Per Government Code Section 51191.3(c), term easements or self-renewing easements (non-permanent facilities) require the landowner to post a performance bond or other securities to fund restoration of the land that is subject to the easement, to the conditions that existed before the easement was created. Since the easement is limited in term, the landowner is required to post a performance bond or other securities to fund restoration of the land. The County must have in place, a written agreement regarding the restoration security prior to recordation of the easement. This security may also be modified during the life of the easement as necessary. The petition did appear to contain this information. Therefore, the County must have in place a written agreement regarding the restoration security prior to recordation of the easement. DEPARTMENT OF CONSERVATION DETERMINATION Based on site conditions and land classification, the topography issues of the proposed project areas, and that the land is not one of the Important Farmland classifications cited in SB 618; the Department agrees that the proposed project sites would be eligible for rescission of the existing Williamson Act contract and entry into a solar-use easement. However, per Government Code Section 51191.3(c) a performance bond, letters of credit, a corporate guarantee, or other security measurement is required to address decommissioning issues on the project site prior to termination of the contract. Before the County can record the solar-use easement, a written agreement regarding the restoration security must be in place. It is suggested that the solar-use easement agreement also address the financial security and the ability to make adjustments as necessary through the life of the solar-use easement. SOLAR-USE EASEMENT RECORDING REQUIREMENTS Per Government Code §51255.1(c), prior to rescinding a contract, the board or council shall determine and certify to the county auditor the amount of the rescission. The assessor shall certify to the board or council the fair market valuation of the land and at the same time send a notice to the landowner and Department of Conservation. The Department has not yet received this valuation. Prior to agreeing to mutually rescind a contract, the board or council shall determine and certify to the County Auditor the amount of the rescission fee that the landowner shall pay to the county treasurer upon rescission. That fee shall be an amount equal to 6'/4 percent of the fair market valuation as though it were free of the contractual restriction of the property if the land was held under a Williamson Act contract, and 12'/2 percent for Farmland Security Zone contracts. Once rescission fees are collected, they shall be transmitted by the County Treasurer to the State Controller's office. The funds collected by the County shall be sent to the State Controller within 30 days of the approval by the board or council. Per Government Code Section 51191.2, the execution and acceptance of a deed or other instrument described in subdivision (c) of Section 51190 shall constitute a dedication to the public of the use of lands for solar photovoltaic use. Any term easement and covenant shall run for a term of not less than 20 years unless a shorter term is requested by the landowner, in which case the term may be not less than 10 years. A year shall automatically be added to the initial term outlined in the easement, unless a notice of nonrenewal is given as provided in §51192.