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§ 3111. Restoration Security Amount.

14 CA ADC § 3111Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 2. Department of Conservation
Chapter 6. Division of Land Resource Protection
Article 2. Solar-Use Easements
14 CCR § 3111
§ 3111. Restoration Security Amount.
(a) For perpetual easements, cities and counties may require financial security for restoration of the solar-use easement land in whatever amount that the city or county deems necessary to ensure restoration of the solar-use easement land will be accomplished in accordance with Government Code section 51191.3(b)(3), the approved soil management plan, and with this article.
(b) For term easements and self-renewing easements, landowner applicants shall post a restoration security instrument in an amount that complies with the provisions of this section. The restoration securities shall be in an amount determined by the city or county to be adequate to fund the restoration of the easement land to the same condition that existed immediately preceding the approval or acceptance of the easement by the time that the easement terminates. The restoration security instrument shall be in effect at the commencement of the project and remain in force at all times until the bond or restoration security instrument is released by the city or county.
(c) The performance bond or other restoration security required by subdivision (b) shall be sufficient to cover all restoration costs. “Restoration costs” shall include all costs calculated to be incurred to restore the solar-use easement land to the same condition that existed at the time of approval or acceptance of the easement and in accordance with the approved management and restoration plan, including, to the extent applicable:
(1) The cost of the physical activities and materials necessary to implement the approved management plan, including:
(A) Re-grading;
(B) Re-vegetation, including monitoring;
(C) Labor and supervision;
(D) Equipment;
(E) Mobilization and transportation;
(F) Removal and disposal of buildings, structures, and equipment;
(G) Soil tests;
(H) Fencing;
(I) Liability insurance;
(J) Any other necessary restoration procedures.
(2) The city's or county's costs and costs for third party contracting for each of the activities required by the soil management and restoration plans.
(3) A contingency amount not to exceed 10 percent of the restoration costs.
(4) The calculated amount shall not include the cost of completing construction or continued operation of the solar project on the solar-use easement land.
(d) It shall be the sole responsibility of the solar-use easement landowner to provide the city or county with sufficient information to demonstrate that the amount of restoration security is adequate to restore the solar-use easement lands in accordance with the approved management plan and the requirements of Government Code section 51191.3(c).
(e) The restoration security shall be submitted to the city or county who shall review and approve the security prior to the commencement of operations on the project site.
(f) The security shall be made payable to the city or county in which the project is located.
(g) The amount and validity of the restoration security shall be reviewed by the landowner no less often than once every five years, with the review submitted to the city or county for approval; the city or county may require more frequent review if the city or county determines that more frequent review is necessary to ensure compliance with the requirements of the solar-use easement.

Credits

Note: Authority cited: Sections 51191.3 and 51191.8, Government Code. Reference: Sections 51191 and 51191.3, Government Code.
History
1. New section filed 1-16-2014; operative 2-1-2014 pursuant to Government Code section 11343.4 (Register 2014, No. 3).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 14, § 3111, 14 CA ADC § 3111
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