75-26-310. Rulemaking. The department shall adopt rules prescribing:

Terms Used In Montana Code 75-26-310

  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-26-301
  • Owner: means a person who owns a wind generation or solar facility used for the generation of electricity. See Montana Code 75-26-301
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Solar facility: means an installation or combination of solar panels or plates, including a canopy or array, that captures and converts solar radiation to produce electricity and includes flat plate, focusing solar collectors, or photovoltaic solar cells that:

    (a)has a nameplate capacity greater than or equal to 2 megawatts; and

    (b)produces electricity that is not consumed on the premises of the solar facility or on land immediately adjacent to the premises of the solar facility. See Montana Code 75-26-301

  • Wind generation facility: means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land and improvements and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity greater than or equal to 25 megawatts. See Montana Code 75-26-301

(1)standards and procedures for the submission of reasonable bonds with good and sufficient surety by the owners of wind generation facilities and solar facilities;

(2)the collection of penalties in accordance with 75-26-304(9);

(3)criteria and the process for releasing a bond in accordance with 75-26-309;

(4)the department’s use of a bond in the event that the owner of a wind generation facility or solar facility fails to decommission a wind generation facility or solar facility;

(5)information required by the department to determine bond requirements in accordance with 75-26-304; and

(6)any additional requirements to ensure compliance with this part.