Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 3112 - Restoration Security Instruments(a) If a city or county requires restoration security pursuant to Government Code section 51191.3(b)(3) and section 3111(a) of this article, the city or county shall determine what type, and the amount, of financial assurances or financial instruments the landowner shall provide to ensure that restoration of the easement land is performed in accordance with the approved soil management plan and Government Code section 51191.3(b)(3).(b) For term easements and self-renewing easements, "restoration security" shall mean an instrument, fund, or other form of financial assurance as required by Government Code 51191.3(c) and 3111(b) and (c), and may take the form of any one or a combination of the following, which the city or county determines are adequate to perform restoration in accordance with Government Code section 51191.3(c) and the approved soil management plan:(3) Irrevocable letters of credit;(5) A corporate guarantee;(6) Other forms of financial securities, approved by the city or county, to be adequate to ensure restoration of the solar-use easement land to the same condition that existed at the time of approval or acceptance of the easement.(c) If restoration security is required, the amount of the restoration security shall be that amount of money sufficient to cover restoration costs as that term is defined in section 3111(c) of this article. The city or county shall submit a copy of the proposed restoration security and the documentation relied upon in calculating the amount of the proposed restoration security to the Department. The Department may review, comment, and make recommendations upon the proposed restoration security amount and documentation.(d) Restoration security shall constitute an obligation to pay by the landowner.Cal. Code Regs. Tit. 14, § 3112
1. New section filed 1-16-2014; operative 2-1-2014 pursuant to Government Code section 11343.4 (Register 2014, No. 3). Note: Authority cited: Sections 51191.3 and 51191.8, Government Code. Reference: Sections 51191 and 51191.3, Government Code.
1. New section filed 1-16-2014; operative 2-1-2014 pursuant to Government Code section 11343.4 (Register 2014, No. 3).