WeVote
Log In

Bill

Bill

H 387

WINDMILL BONDING – Adds to existing law to provide a decommissioning bond for wind turbines within the State of Idaho.

68th Legislature, 1st Regular Session (2025)

Idaho requires upfront cash deposits to cover wind turbine decommissioning costs, with state oversight, independent cost assessments, and penalties for noncompliance.

Retained on General Orders
#cities #counties #energy #federallawsandrelations #landuse #naturalresources
0
WeVote Research Nonpartisan
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.

Sign in to ask a question.