California Government Code 51191.3 – (a) A county or city may require a deed or other instrument …
(a) A county or city may require a deed or other instrument described in subdivision (c) of Section 51190 to contain any restrictions, conditions, or covenants as are necessary or desirable to restrict the use of the land to photovoltaic solar facilities.
(b) The restrictions, conditions, or covenants may include, but are not limited to, the following:
Terms Used In California Government Code 51191.3
- City: means any city or city and county. See California Government Code 51190
- County: includes city and county. See California Government Code 19
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Landowner: includes a lessee or trustee, if the expiration of the lease or trust occurs at a time later than the expiration of the restriction of the use of the land to photovoltaic solar facilities or any extension of the restriction. See California Government Code 51190
- Solar-use easement: means any right or interest acquired by a county, or city in perpetuity, for a term of years, or annually self-renewing as provided in Section 51191. See California Government Code 51190
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(1) Mitigation measures on the land that is subject to the solar-use easement.
(2) Mitigation measures beyond the land that is subject to the solar-use easement.
(3) If deemed necessary by the city or county to ensure that decommissioning requirements are met, the provision for financial assurances, such as performance bonds, letters of credit, a corporate guarantee, or other securities to fund, upon the cessation of the solar photovoltaic use, the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of that easement by the time that the easement terminates.
(4) Provision for necessary amendments by the parties provided that the amendments are consistent with the provisions of this chapter.
(c) For term easements or self-renewing easements, the restrictions, conditions, or covenants shall include a requirement for the landowner to post a performance bond or other securities to fund the restoration of the land that is subject to the easement to the conditions that existed before the approval or acceptance of the easement by the time the easement is extinguished. The Department of Conservation may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2) to implement this subdivision.
(Amended by Stats. 2012, Ch. 330, Sec. 8. (SB 1090) Effective January 1, 2013.)