Connecticut 2021 Regular Session

Connecticut House Bill HB06498 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 3306 1 of 4
4	4
5	5	General Assembly Raised Bill No. 6498
6	6	January Session, 2021
7	7	LCO No. 3306
8	8
9	9
10	10	Referred to Committee on ENVIRONMENT
11	11
12	12
13	13	Introduced by:
14	14	(ENV)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING TH E SITING OF CERTAIN SOLAR FACILITIES
20	20	ON FARMLANDS AND COR E FORESTS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 16-50k of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective from passage): 2
26	26	(a) Except as provided in subsection (b) of section 16-50z, no person 3
27	27	shall exercise any right of eminent domain in contemplation of, 4
28	28	commence the preparation of the site for, commence the construction or 5
29	29	supplying of a facility, or commence any modification of a facility, that 6
30	30	may, as determined by the council, have a substantial adverse 7
31	31	environmental effect in the state without having first obtained a 8
32	32	certificate of environmental compatibility and public need, hereinafter 9
33	33	referred to as a "certificate", issued with respect to such facility or 10
34	34	modification by the council. Certificates shall not be required for (1) fuel 11
35	35	cells built within the state with a generating capacity of two hundred 12
36	36	fifty kilowatts or less, or (2) fuel cells built out of state with a generating 13
37	37	capacity of ten kilowatts or less. Any facility with respect to which a 14
38	38	certificate is required shall thereafter be built, maintained and operated 15 Raised Bill No. 6498
39	39
40	40
41	41
42	42	LCO No. 3306 2 of 4
43	43
44	44	in conformity with such certificate and any terms, limitations or 16
45	45	conditions contained therein. Notwithstanding the provisions of this 17
46	46	chapter or title 16a, the council shall, in the exercise of its jurisdiction 18
47	47	over the siting of generating facilities, approve by declaratory ruling (A) 19
48	48	the construction of a facility solely for the purpose of generating 20
49	49	electricity, other than an electric generating facility that uses nuclear 21
50	50	materials or coal as fuel, at a site where an electric generating facility 22
51	51	operated prior to July 1, 2004, and (B) the construction or location of any 23
52	52	fuel cell, unless the council finds a substantial adverse environmental 24
53	53	effect, or of any customer-side distributed resources project or facility or 25
54	54	grid-side distributed resources project or facility with a capacity of not 26
55	55	more than sixty-five megawatts, as long as: (i) Such project meets air and 27
56	56	water quality standards of the Department of Energy and 28
57	57	Environmental Protection, (ii) the council does not find a substantial 29
58	58	adverse environmental effect, and (iii) for a solar photovoltaic facility 30
59	59	with a capacity of [two] one or more megawatts that is approved by 31
60	60	declaratory ruling or a solar photovoltaic facility with a capacity of 32
61	61	sixty-five or more megawatts that is not approved by declaratory ruling, 33
62	62	to be located on prime farmland or farmland of state-wide importance, 34
63	63	as determined by the United States Department of Agriculture or the 35
64	64	Commissioner of Agriculture or forestland, excluding any such facility 36
65	65	that was selected by the Department of Energy and Environmental 37
66	66	Protection in any solicitation issued prior to July 1, 2017, pursuant to 38
67	67	section 16a-3f, 16a-3g or 16a-3j, the Department of Agriculture 39
68	68	represents, in writing, to the council that such project will not materially 40
69	69	affect the status of such land as prime farmland or farmland of state-41
70	70	wide importance or the Department of Energy and Environmental 42
71	71	Protection represents, in writing, to the council that such project will not 43
72	72	materially affect the status of such land as core forest. In conducting an 44
73	73	evaluation of a project for purposes of subparagraph (B)(iii) of this 45
74	74	subsection, the Departments of Agriculture and Energy and 46
75	75	Environmental Protection may consult with the United States 47
76	76	Department of Agriculture and soil and water conservation districts. 48
77	77	Approval of any such solar photovoltaic facility to be located on prime 49
78	78	farmland, farmland of state-wide importance or land that is core forest 50 Raised Bill No. 6498
79	79
80	80
81	81
82	82	LCO No. 3306 3 of 4
83	83
84	84	shall require the applicant to furnish a bond for all costs associated with 51
85	85	the decommissioning of such facility. The Departments of Agriculture 52
86	86	and Energy and Environmental Protection shall, respectively, post on 53
87	87	the Internet web site of such agencies information concerning any 54
88	88	application for such a facility to be located on prime farmland or 55
89	89	farmland of state-wide importance, or land that is core forest. Such 56
90	90	information shall include, but not be limited to, instructions for 57
91	91	members of the public to receive status updates and information on any 58
92	92	such applications. 59
93	93	(b) A certificate may be transferred, subject to the approval of the 60
94	94	council, to a person who agrees to comply with the terms, limitations 61
95	95	and conditions contained therein. The council shall not approve any 62
96	96	such transfer if it finds that such transfer was contemplated at or prior 63
97	97	to the time the certificate was issued and such fact was not adequately 64
98	98	disclosed during the certification proceeding. 65
99	99	(c) A certificate issued pursuant to this chapter may be amended as 66
100	100	provided in this chapter. 67
101	101	(d) This chapter shall apply to any facility described in subdivisions 68
102	102	(1) to (3), inclusive, of subsection (a) of section 16-50i, the construction 69
103	103	of which is commenced on or after April 1, 1972, and to any such facility 70
104	104	the construction of which is approved by a municipality that has 71
105	105	commenced the sale of bonds or bond anticipation notes on or after 72
106	106	April 1, 1972, the proceeds or part of the proceeds of which are to finance 73
107	107	such construction. This chapter shall apply to any facility described in 74
108	108	subdivision (4) of said subsection (a) of section 16-50i, the construction 75
109	109	of which is commenced on or after July 1, 1983, and to any such facility 76
110	110	the construction of which is approved by a municipality that has 77
111	111	commenced the sale of bonds or bond anticipation notes on or after July 78
112	112	1, 1983, the proceeds or part of the proceeds of which are to finance such 79
113	113	construction. This chapter shall apply to any facility described in 80
114	114	subdivisions (5) and (6) of said subsection, the construction of which is 81
115	115	commenced on or after October 1, 1977, and to any such facility the 82
116	116	construction of which is approved by a municipality that has 83 Raised Bill No. 6498
117	117
118	118
119	119
120	120	LCO No. 3306 4 of 4
121	121
122	122	commenced the sale of bonds or bond anticipation notes on or after 84
123	123	October 1, 1977, the proceeds or part of the proceeds of which are to 85
124	124	finance such construction. This chapter shall apply to the modification 86
125	125	of a facility described in subdivisions (1) to (3), inclusive, of said 87
126	126	subsection (a) for which construction is commenced on or after April 1, 88
127	127	1972, modifications of a facility described in subdivision (4) of said 89
128	128	subsection (a) for which construction is commenced on or after July 1, 90
129	129	1983, and modifications of a facility described in subdivisions (5) and (6) 91
130	130	of said subsection (a) of section 16-50i, for which construction is 92
131	131	commenced on or after October 1, 1977, whenever such modification 93
132	132	either alone or in combination with existing or other proposed facility 94
133	133	modifications may, as determined by the council, have a substantial 95
134	134	adverse environmental effect. This chapter shall not apply to any matter 96
135	135	over which any agency, department or instrumentality of the federal 97
136	136	government has exclusive jurisdiction, or has jurisdiction concurrent 98
137	137	with that of the state and has exercised such jurisdiction, to the exclusion 99
138	138	of regulation of such matter by the state. 100
139	139	(e) Any person intending to construct a facility excluded from one or 101
140	140	more provisions of this chapter may, to the extent permitted by law, 102
141	141	elect to waive such exclusion by delivering notice of such waiver to the 103
142	142	council. Such provisions shall thereafter apply to each facility identified 104
143	143	in such notice from the date of its receipt by the council. 105
144	144	This act shall take effect as follows and shall amend the following
145	145	sections:
146	146
147	147	Section 1 from passage 16-50k
148	148
149	149	Statement of Purpose:
150	150	To provide for increased review of proposals to site solar facilities on
151	151	certain farmlands and land that is core forest.
152	152	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
153	153	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
154	154	underlined.]
155	155