Or. Admin. Code § 141-126-0200

Current through Register Vol. 64, No. 1, January 1, 2025

Section 141-126-0200 - Insurance and Security; Decommissioning

(1) The department will require a lessee to obtain and maintain insurance requirements as determined by the department.

(2) The department reserves the right to require the applicant for a communication site facility lease or a lessee to provide information concerning the intended or actual use of the leased premises to the department, which may assist the department in determining the appropriate amounts and types of insurance.

(3) The department reserves the right to require a lessee to obtain a surety bond, a letter of credit, or other instrument of guarantee acceptable to the department in an amount specified by the department and which names the State of Oregon as co-owner, to ensure that the lessee will perform in accordance with all terms and conditions of a communication site facility lease or decommissioning plan.

(4) The lessee will ensure the Department of State Lands and the applicable authorization number(s) are listed as an additional insured under any and all insurance policies required for the communication site facility lease.

(5) The department may require a decommissioning plan for certain communication site facilities as a condition of the lease.

(a) In the event a decommissioning plan is required, the lessee has 180 calendar days from the date of lease commencement to submit a decommissioning plan to the department for approval. The decommissioning plan will also include a cost estimate of the decommissioning work. The cost estimate must be prepared by a person qualified by experience and knowledge to prepare such cost estimates. Failure to provide a decommissioning plan when required may result in lease default.

(b) The lessee may be required to obtain a surety bond or other financial instrument as described in OAR 141-126-0200(3) for the full amount of the decommissioning costs as determined by the risk assessment.

(c) The lessee is required to provide notice to the department in writing 60 calendar days in advance of implementing the decommissioning plan.

(d) The lessee must demonstrate to the department that the decommissioning work has been completed within 180 calendar days of termination of the lease to allow the department to release the surety bond or other financial instrument.

Or. Admin. Code § 141-126-0200

DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024

Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245

Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5