{"data":{"id":"us-wv/w.-va.-code-22-32-8","jurisdiction":"us-wv","citation":"W. Va. Code § 22-32-8","heading":"Decommissioning agreements.","body":"Decommissioning agreements entered by wind and solar facilities not exempted from this Act shall address, at a minimum:\n(a) The term and scope of the agreement, including access and easement rights for decommissioning activities thereunder;\n(b) The establishment of a bond or fund for decommissioning activities; provisions governing the same; initial balances; and whether an escrow agreement is required for the fund;\n(c) The requirement to review, amend, and restate the decommissioning agreement every five years and adjust the required balance of the bond or fund for decommissioning activities;\n(d) The Department of Environmental Protection’s right to review, modify, and approve the independent third-party’s plan: Provided, that the Department of Environmental Protection’s approval of an qualified independent third-party evaluation shall not be unreasonably withheld;\n(e) Industry standards or citations to the same to be met for decommissioning wind and solar facilities, including a statement of the restoration goal and the treatment of abandoned equipment on owned or leased property;\n(f) The process for making claims and disbursements under the agreement’s decommissioning fund;\n(g) The termination of the decommissioning agreement following the completion of decommissioning activities;\n(h) Required notices;\n(i) The assignment of rights and obligations under the agreement; and\n(j) Force majeure provisions excusing performance or delays in performance due to fire, earthquake, flood, tornado, disasters, or act of God, terrorism, pandemic, change of law, or any other cause beyond a party’s control.\nThe secretary of the Department of Environmental Protection may propose rules for legislative approval in accordance with the provisions of chapter 29A of this code establishing a model decommissioning agreement for wind and solar facilities governed under this act.","path":["CHAPTER 22. ENVIRONMENTAL RESOURCES.","ARTICLE 32. THE WEST VIRGINIA WIND AND SOLAR ENERGY FACILITY RECLAMATION ACT."],"source_url":"https://code.wvlegislature.gov/22-32-8/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:26:10Z","sha256":"d6bfa52818442c81acd066e13fcdfac8c7d604c416baca335a38866865a934d4","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-22-32-7","next":"us-wv/w.-va.-code-22-33-1"},"notice":"GroundRules: Original legal text. Not legal advice."}