West Virginia Code 22-32-3 – Definitions
As used in this article, unless the context requires otherwise, the following definitions apply:
Terms Used In West Virginia Code 22-32-3
- Board: means the Environmental Quality Board provided for in §. See West Virginia Code 22-32-3
- Bond: means a surety bond or any other arrangement, including but not limited to letters of credit and escrow accounts, that represent a financial guarantee from the owner of a wind generation facility or solar generation facility to meet decommissioning requirements as established in this Act. See West Virginia Code 22-32-3
- 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 :
(1) The removal and proper disposal of the solar generation facility and its foundation after the end of the facility's useful life or abandonment. See West Virginia Code 22-32-3
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Owner: means a person who owns a wind generation or solar generation facility operated in West Virginia for the generation of electricity. See West Virginia Code 22-32-3
- 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, limited liability company, city, town, or local governmental entity or any other state, federal, or private entity, whether organized for profit or not. See West Virginia Code 22-32-3
- Personal property: All property that is not real property.
- personal property: includes goods, chattels, real and personal, money, credits, investments, and the evidences thereof. See West Virginia Code 2-2-10
- Solar generation facility: means an installation or combination of solar panels or plates, including a canopy or array, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to capture and convert solar radiation to produce electricity, including flat plate, focusing solar collectors, or photovoltaic solar cells, and that has a nameplate capacity, singularly or in the aggregate, greater than or equal to 1. See West Virginia Code 22-32-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Town: includes a city, village or town, and the word "council" any body or board, whether composed of one or more branches, which is authorized to make ordinances for the government of a city, town, or village. See West Virginia Code 2-2-10
- Wind generation facility: means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity, singularly or in the aggregate, greater than or equal to 1. See West Virginia Code 22-32-3
(a) “Board” means the Environmental Quality Board provided for in § 22B-1-7 of this code.
(b) “Decommission” or “decommissioning” means:
(1) The removal and proper disposal of the solar generation facility and its foundation after the end of the facility’s useful life or abandonment; or
(2) The removal and proper disposal of an aboveground wind turbine tower and its foundation after the end of a wind generation facility‘s useful life or abandonment; and
(3) Except as otherwise provided in § 22-32-4 of this code, the removal and proper disposal of buildings, equipment, cabling, electrical components, roads, or any other facilities associated with a wind generation or solar generation facility; and
(4) Except as otherwise provided in § 22-32-4 of this code, the reclamation of the surface lands upon which buildings, equipment, and equipment foundations using backfill and compacting of soil in order to return the surface to beneficial use and to prevent adverse hydrologic effects.
(c) “Department”, “agency”, and “DEP” mean the West Virginia Department of Environmental Protection.
(d) “Owner” means a person who owns a wind generation or solar generation facility operated in West Virginia for the generation of electricity.
(e) “Person” means any individual, firm, partnership, company, association, corporation, limited liability company, city, town, or local governmental entity or any other state, federal, or private entity, whether organized for profit or not.
(f) “Solar generation facility” means an installation or combination of solar panels or plates, including a canopy or array, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to capture and convert solar radiation to produce electricity, including flat plate, focusing solar collectors, or photovoltaic solar cells, and that has a nameplate capacity, singularly or in the aggregate, greater than or equal to 1.0 megawatts.
(g) “Wind generation facility” means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land, improvements, and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity, singularly or in the aggregate, greater than or equal to 1.0 megawatts.
(h) “Bond” means a surety bond or any other arrangement, including but not limited to letters of credit and escrow accounts, that represent a financial guarantee from the owner of a wind generation facility or solar generation facility to meet decommissioning requirements as established in this Act.