O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
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PA 23-163—HB 5608
Environment Committee
AN ACT CONCERNING CE RTAIN SOLAR PHOTOVOL TAIC
FACILITIES LOCATED O N PRIME FARMLAND, FA RMLAND OF
STATE-WIDE IMPORTANC E OR CORE FOREST LANDS
SUMMARY: This act prohibits the Connecticut Siting Council from approving a
two-megawatt or more solar photovoltaic facility on prime farmland or forestland
unless the project applicant provides 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 act, the scientist’s or soils professional’s assessment must at least
consider topsoil and subsoil depths, soil compaction, change in surface and
subsurface drainage, erosion and sedimentation control measures, and soil fertility.
By law, “prime farmland” is 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 (CGS § 16a-3k, citing to 7 C.F.R. § 657.5).
EFFECTIVE DATE: Upon passage