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H 387

An Act authorizing the town of Maynard to grant an additional license for the sale of alcoholic beverages not to be drunk on the premises

194th Legislature (2025-2026) Introduced by Kate Hogan

Requires pre-construction cash deposits to cover wind turbine decommissioning costs and ensures funds are used to remove sites and reclaim land.

Accompanied a new draft, see H4273
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Bill Summary · H 387

Summary: House Bill No. 387 (H 387) – Wind Energy Development Decommissioning (Idaho)

Purpose and intent

  • Establish a formal decommissioning process for wind turbine sites in Idaho.
  • Create a financial assurance system (decommissioning deposits) to ensure removal of wind energy infrastructure at end of life or upon abandonment, preventing costs from landsowners or the State.
  • Create a wind energy fund funded by decommissioning deposits, with interest directed to the general fund.

Key provisions

  • New section added: Idaho Code § 67-2362, Wind Energy Development – Decommissioning.
  • Definitions:
    • Decommissioning: removal of all wind turbine site elements (turbines, buildings, cabling, roads, etc.) and reclamation of land to its previous grade, unless written consent allows saving improvements.
    • Decommissioning deposit: cash deposit equal to reasonably anticipated decommissioning costs.
    • Department: Idaho Department of Lands.
    • Owner/Person/Wind turbine site: standard terms for who controls and is responsible for the site.
  • Deposit requirement (pre-construction): Before starting construction, the owner must remit a cash decommissioning deposit equal to reasonably anticipated decommissioning costs, with a mechanism for sites permitted or in permitting processes.
  • Cost determination process:
    • An inspection by a state-licensed wind turbine removal/reclamation engineer, funded by the owner, to produce a cost report.
    • The Department has 30 days after receiving the report to determine if costs are reasonably anticipated.
    • If the Department finds the report inaccurate, it must conduct or cause an independent cost assessment at the owner's expense.
  • Deposit management:
    • Deposits are sent to the state treasurer and placed into the wind energy fund; interest accrues to the general fund.
    • If ownership transfers, the original deposit remains in place until the new owner posts a compliant deposit.
  • Decommissioning completion:
    • Owner must notify the Department when decommissioning is complete.
    • The Department must inspect within 90 days and, if satisfactory, direct return of the deposit.
  • Noncompliance and remedies:
    • If the owner fails to properly decommission, deposits may be forfeited. The Department may decommission the site and recover costs from the owner.
    • Administrative penalty up to $2,500 per wind turbine site per day for failure to submit a deposit.
  • Applicability:
    • Applies to any person constructing a wind turbine site in Idaho, regardless of land ownership.
  • Effective date:
    • Emergency clause; act in full force and effect upon passage and approval.

Fiscal and administrative impact

  • Fiscal note: No net fiscal impact on state/local governments from program creation or expenditures.
  • Potential revenue: Interest earned on decommissioning deposits could contribute to General Fund.
  • Administrative considerations: Department of Lands administers the program; funds in the wind energy fund, with deposits and penalties supporting decommissioning activities.

Timeline and status

  • Introduced: March 7, 2025.
  • Status: Retained on General Orders (as of latest actions).
  • Emergency clause: Yes (immediate effect upon passage).

Compiled from official sources — confirm details with the bill’s official record.

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