Terms Used In Montana Code > Title 75 > Chapter 26 > Part 3 - Decommissioning

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-26-301
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• decommissioning: means :

  (a)except as provided in 75-26-304(2), the removal of buildings, cabling, electrical components, roads, or any other facilities associated with a wind generation or solar facility;

  (b)except as provided in 75-26-304(2), reclamation of surface lands to the previous grade and to comparable productivity in order to prevent adverse hydrologic effects; and

  (c)(i) the removal of the solar facility after the end of the facility's useful life or abandonment; or

  (ii)the removal of an aboveground wind turbine tower after the end of a wind generation facility's useful life or abandonment. See Montana Code 75-26-301

• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-26-301
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Owner: means a person who owns a wind generation or solar facility used for the generation of electricity. See Montana Code 75-26-301
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, firm, partnership, company, association, corporation, city, town, or local governmental entity or any other state, federal, or private entity, whether organized for profit or not. 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
• Property: means real and personal property. See Montana Code 1-1-205
• Repurposed: means having made a significant investment in an existing wind generation or solar facility to extend the useful life of the facility by more than 5 years. See Montana Code 75-26-301
• 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

• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• 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
• Writing: includes printing. See Montana Code 1-1-203