Pennsylvania § 4304 - Form and content of decommissioning plans.

§ 4304. Form and content of decommissioning plans.

(a) Development of form.--

(1) Within 180 days of the effective date of this paragraph, the department shall, by regulation and in consultation with the solar energy industry, develop a provisional standard form for a decommissioning plan and financial assurance to be filed with the county recorder of deeds in accordance with this chapter. In order to facilitate the prompt implementation of this chapter, regulations promulgated to develop a provisional standard form under this paragraph shall be deemed temporary regulations. Temporary regulations promulgated under this paragraph shall not be subject to any of the following:

(i) Section 612 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(ii) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.

(iii) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.

(iv) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(2) After the promulgation of the temporary regulations under paragraph (1), the department shall, by regulation and in consultation with the solar energy industry, develop a final standard form for a decommissioning plan and financial assurance to be filed with the county recorder of deeds in accordance with this chapter. The temporary regulations under paragraph (1) shall expire upon the promulgation of the final regulations under this paragraph or two years after the effective date of this paragraph, whichever is later.

(b) Contents.--The provisional standard form and final standard form under subsection (a) shall include all of the following provisions:

(1) Unless the surface property owner and grantee mutually agree in writing on an alternative condition for restoring the property, the grantee's decommissioning plan shall include all of the following:

(i) The removal of all non-utility-owned equipment, conduits, structures, fencing and foundations to a depth of at least three feet below grade. The grantee shall not be required to remove equipment and materials that the public utility requires to remain on site.

(ii) The removal of graveled areas and access roads, unless the surface property owner requests in writing for graveled areas and access roads to stay in place.

(iii) The restoration of the property to a condition reasonably similar to the property's condition before the commencement of construction, including the replacement of top soil removed or eroded on previously productive agricultural land.

(iv) The reseeding of a cleared area, unless requested in writing by the surface property owner to not reseed due to plans for agricultural planting.

(2) The required financial assurance under section 4303 (relating to financial assurance requirements in solar energy facility agreements).

(3) The grantee's attestation required under section 4305 (relating to prevention of forced labor).

Effective Date. Section 2(1) of Act 44 of 2026 provided that section 4304 shall take effect immediately.