The decommissioning of wind power facilities is currently not addressed in Texas. There are concerns about the important cost of decommissioning wind turbines when they reach the end of their useful life. What happens if wind power facilities go bankrupt or abandon the facilities? Who is going to pay? Landowners? Taxpayers? Texan taxpayers should not have to pick up the tab.

HB 2845 tries to address these concerns by mandating decommissioning provisions in leasing agreements between landowners and wind power facilities, including requiring financial assurance that the cost will be covered.

But a more voluntary approach is possible, by linking the decommissioning provisions to the connection to the Texas electricity grid as well as to Chapter 312 tax abatement agreements and Chapter 313 tax limitation agreements, all three of which are currently paid for by Texas ratepayers and taxpayers.