(a) This article establishes a Wind and Solar Decommissioning Account within the State Treasury. There must be paid into the account:

Terms Used In West Virginia Code 22-32-5

  • 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

  • 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

(1) Fees and penalties collected in accordance with the article; and

(2) Interest income earned on the account.

(b)(1) Money in the account may only be used by the Department of Environmental Protection (DEP) in implementing this article and rules adopted pursuant to this article.

(2) The DEP shall administer this program using existing resources and money in the account.

(c) The DEP shall maintain and hold bonds or other surety received by the DEP as authorized by this article for use in accordance with this article.