§1734. Powers and duties of the secretary of the Department of Conservation and Energy

            A. The secretary of the Department of Conservation and Energy shall promulgate rules and regulations pursuant to the Administrative Procedure Act to implement the provisions of this Chapter and to institute reasonable fees for services performed by the department. The rules and regulations shall include all provisions necessary to accomplish the intent of the legislature as stated in this Chapter and shall provide for the following:

            (1) Criteria for setting the annual rent or royalty amounts for leases executed pursuant to this Chapter.

            (2) Criteria for setting a primary term for leases and the necessary wind energy production or other actions by the lessee to continue the lease beyond the primary term. The rules and regulations shall also provide for the release of acreage at the end of the primary term on that portion of the lease where none of the necessary wind energy production or other actions occur.

            (3) Requirements for financial security to ensure proper closure of the site pursuant to the decommissioning plan.

            (4) Requirements for determining that if no responsible party can be located or such party has failed or is financially unable to undertake decommissioning required by the lease and that no energy has been produced from the facility from wind for two years. These requirements shall include notice to the last operator of record.

            B. The secretary may expend sums payable to the department from the financial security required by the rules and regulations promulgated pursuant to this Section and enter into contracts for the purpose of restoration of wind energy sites pursuant to the terms of the lease or when the secretary has determined there is no responsible party pursuant to this Section. Restoration of a wind energy site includes removing the wind energy production facility along with any necessary infrastructure facilities and restoring the property to as near as reasonably possible to the condition of the property prior to the commencement of construction of the facility.

            Acts 2005, No. 481, §1, eff. July 12, 2005; Acts 2022, No. 443, §2; Acts 2023, No. 150, §15, eff. Jan. 10, 2024.