75-26-305. Decommissioning lien. (1) For a wind generation facility or solar facility that has not submitted a bond to the department or within 30 days of abandonment of a wind generation facility or solar facility, the department shall file a lien on the generation assets of the facility in an amount not less than the estimated decommissioning costs in the decommissioning plan filed pursuant to 75-26-304 plus an annual inflationary amount determined by the department.

(2) The department shall release a lien secured pursuant to subsection (1) following the receipt and acceptance of a decommissioning bond submitted as required by 75-26-304(6)(b), (6)(c), or (6)(d).

(3) If the owner of a wind generation facility or solar facility fails to properly decommission a wind generation facility or solar facility and the owner has not commenced action to rectify deficiencies within 90 days after notice by the department, the department may foreclose on the lien. The department, through department staff, equipment, resources, and material under its control or a contract with others, may take any action necessary to decommission the wind generation facility or solar facility.