1. (a) If the Department determines, in consultation with the Department of Food and Agriculture, that lands are eligible to be included in a solar-use easement, the city or county shall:

   1. (1) Include, as conditions of approval or acceptance of the solar-use easement and as requirements of the easement, all recommendations regarding the soil management plan that are made by the Department; and
   2. (2) Require implementation of the soil management plan.

2. (b) A county or city may require that a solar-use easement include additional restrictions, conditions, or covenants that the county or city determines are necessary or desirable to restrict the use of the land to photovoltaic solar facilities. Those restrictions, conditions, or covenants may include:

   1. (1) Mitigation measures on the land that is subject to the solar-use easement.
   2. (2) Mitigation measures beyond the land that is subject to the solar-use easement.
   3. (3) If deemed necessary by the county or city to ensure that decommissioning requirements are met for perpetual easements, provisions for financial assurances to fund restoration of the solar-use easement land to the same conditions that existed before the approval or acceptance of the easement by the time the easement terminates.

Note: Authority cited: Section 51191.8, Government Code. Reference: Sections 51191, 51191.3 and 51192.1, Government Code.

History

1. New section filed 1-16-2014; operative 2-1-2014 pursuant to Government Code section 11343.4 (Register 2014, No. 3).