Researcher: KLM Page 1 6/3/23
OLR Bill Analysis
HB 5608 (as amended by House "A")*
AN ACT CONCERNING CERTAIN SOLAR PHOTOVOLTAIC
FACILITIES LOCATED ON PRIME FARMLAND, FARMLAND OF
STATE-WIDE IMPORTANCE OR CORE FOREST LANDS.
SUMMARY
This bill prohibits the Connecticut Siting Council from approving a
solar photovoltaic facility of at least two-megawatt capacity on prime
farmland or core forest without the project applicant providing a bond
to cover the costs of decommissioning the facility and restoring the
prime farmland. This includes the costs of an inspection by a qualified
soil scientist or other agricultural soils professional to assess and assure
the soils’ restoration and its suitability for farming. A decommissioning
bond is a way to secure payment for removing an abandoned solar panel
system and remediating the land.
Under the bill, the scientist’s or soils professional’s assessment must
at least consider the following: topsoil and subsoil depths, soil
compaction, alteration in surface and subsurface drainage, erosion and
sedimentation control measures, and soil fertility.
By law, “prime farmland” means soils defined by the U.S.
Department of Agriculture as best suited to produce food, feed, forage,
fiber, and oilseed crops. In general, these lands have an adequate and
dependable water supply, a favorable temperature and growing season,
acceptable acidity or alkalinity, acceptable salt and sodium content, and
few or no rocks. “Core forest” is unfragmented forest land that is at least
300 feet from the boundary between forest land and non-forest land, as
determined by the energy and environmental protection commissioner
(CGS § 16a-3k, citing to 7 C.F.R. § 657.5).
The Connecticut Siting Council is an independent body that regulates
the siting of power facilities, transmission lines, and telecommunication 2023HB-05608-R01-BA.DOCX
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facilities. Its decisions must follow guidelines set in law.
*House Amendment “A” requires the bond to also cover the costs of
restoring the prime land, including a soil inspection.
EFFECTIVE DATE: Upon passage
COMMITTEE ACTION
Environment Committee
Joint Favorable
Yea 32 Nay 0 (03/03/2023)