Texas Law is set to place new requirements on wind leases. Starting last month, a new Texas Law modified the Texas Utilities Code, creating new financial assurances and terms for people and corporations that lease land for wind power facilities. Wind lease agreements now require that wind farm operators are responsible to remove all materials at the end of their lease and provide financial resources to ensure that they support this new legal obligation.
These new mandated terms cannot be waived by either party in a wind lease. Items mentioned in the newly required cleanup are things like turbine generators, facilities, and equipment used to support the wind generation. This applies to below ground items like communication lines and electrical transmission. Auxiliary things like roads and pathways are also required to be removed by grantees of the land by the end date of their agreement. The grantees of the land must also provide evidence of their plan and ability to clean up and take care of the lease’s requirements.
Any person or landowner who are harmed by a violation of the new requirements are allowed to seek injunctive relieve to prevent further violations of the agreement in addition to any other remedies available.