HB 15-1121 Summary

• Establishes that wind energy rights are interests in real property appurtenant to the surface estate and may be created, transferred, encumbered, or modified by agreement between surface estate owners and wind energy developers.

• Requires wind energy agreements to be recorded in county clerk records with names of parties, legal description of property, and applicable recording information, with indexing in both grantor and grantee indices.

• Mandates that wind energy developer of record record a release within 90 days of receiving written request from surface estate owner after agreement expiration or termination, with liability for damages if release is not timely recorded.

• Provides that wind energy development rights expire if no wind-powered energy generation occurs for a continuous 15-year period, unless otherwise specified in the agreement, and allows developers to file affidavits to extend rights upon commencement of construction.

• Takes effect August 5, 2015, unless subject to a referendum petition, in which case it requires voter approval at the November 2016 general election.