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 facility 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 a solar condition for restoring
the property, the grantee's decommissioning plan shall
provide for all of the following:
(i) The removal of non-utility-owned equipment,
conduits, structures, fencing and foundations to a depth
of no less than three feet below grade. The grantee shall
not be required to remove equipment and materials that
the public utility requires to remain onsite.
(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 topsoil 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 financial assurance specified under section
4303(c) (relating to financial assurance requirements).
(3) An attestation confirming the solar energy facility
does not unduly impact public resources, including, but not
limited to, the following:
(i) Publicly owned parks, forests, game lands and
wildlife areas.
(ii) National or State scenic rivers.
(iii) National natural landmarks.
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