In this subchapter, the following definitions apply:

(1) "Abandon" or "abandonment" means generating 10 percent or less of the monthly maximum generation potential, as determined by the facility's nameplate capacity, each month for 12 consecutive months.

(2) "Board" means the Board of Environmental Review as defined in 75-26-301, MCA.

(3) "Collateral bond" means an indemnity agreement for a fixed amount, payable to the department, executed by the owner and supported by the deposit with the department of cash, negotiable bonds of the United States (not treasury certificates), state or municipalities of the United States, negotiable certificates of deposit or an irrevocable letter of credit of any bank organized or authorized to transact business in the United States or other surety acceptable to the department.

(4) "Commenced commercial operation" means the date the turbine commissioning completion certification is signed for the specific turbine whose nameplate rated capacity first brings the facility's cumulative nameplate rated generating capacity to 25 megawatts or more.

(5) "Decommission" or "decommissioning" has the meaning as defined in 75-26-301, MCA.

(6) "Department" means the Department of Environmental Quality as defined in 75-26-301, MCA.

(7) "Landowner" means the person or persons who hold legal title to the property.

(8) "Owner" has the meaning as defined in 75-26-301, MCA.

(9) "Owns a 10 percent or greater share of the wind generation facility" means having ownership of 10 percent or greater in capital stock of the corporation that owns the facility or having a 10 percent or greater ownership interest in a partnership, or limited liability corporation that owns the facility:

(i) for a facility that commenced commercial operation on or before May 3, 2017, on May 3, 2017, and thereafter; and

(ii) for a facility that commenced commercial operation after May 3, 2017, at commencement of commercial operation and thereafter.

(10) "Person" has the meaning as defined in 75-26-301, MCA.

(11) "Repurposed" has the meaning as defined in 75-26-301, MCA.

(12) "Significant investment" means a capital investment in property associated with a wind generation facility that the owner has demonstrated to the department will extend the useful life of the wind generation facility by more than 5 years. The equipment project must be completed in three years or less. Should a facility remove all wind turbines and existing pads and install new wind turbines on new pads, the facility is a new facility and not a repurposed facility.

(13) "Surety bond" means an indemnity agreement in a certain sum, payable to the department, executed by the owner which is supported by the performance guarantee of a corporation licensed to do business as a surety in Montana.

(14) "Wind generation facility" or "facility" has the meaning as defined in 75-26-301, MCA.