(2) A certificate of deposit or an automatically
renewable, irrevocable letter of credit from a financial
institution chartered or authorized to do business in this
Commonwealth and regulated and examined by a Federal agency
or the Commonwealth.
(3) A bond executed between the grantee and a corporate
surety licensed to do business in this Commonwealth.
(4) A negotiable bond of the Federal Government, the
Commonwealth or a municipality within this Commonwealth.
(e) Transferability.--A decommissioning plan, the associated
financial assurance and the salvage value of a solar energy
facility to reduce the financial assurance may not be separated
from the solar energy facility through a change in grantee
ownership. The new grantee shall submit proof of financial
assurance in accordance with subsection (a). The prior grantee
may not release or revoke the prior grantee's financial
assurance until the new grantee's proof of financial assurance
is filed with the county recorder of deeds and notice is
provided to the surface property owner party to the solar energy
facility agreement.
§ 4304. Form and content of decommissioning plans.
(a) Development of form.--
(1) W ithin 180 days of the effective date of this
section, the department shall, by regulation and in
consultation with the solar energy industry, develop a
provisional standard form for a decommissioning plan and
financial assurance to be filed with the county recorder of
deeds in accordance with this chapter. In order to facilitate
the prompt implementation of this chapter, regulations
promulgated to develop a provisional standard form under this
paragraph shall be deemed temporary regulations. Temporary
regulations promulgated under this paragraph shall not be
subject to any of the following:
(i) Section 612 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of
1929.
(ii) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(iii) Sections 204(b) and 301(10) of the act of
October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act.
(iv) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(2) After the promulgation of the temporary regulations
under paragraph (1), the department shall, by regulation and
in consultation with the solar energy industry, develop a
final standard form for a decommissioning plan and financial
assurance to be filed with the county recorder of deeds in
accordance with this chapter. The temporary regulations under
paragraph (1) shall expire upon the promulgation of the final
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