Connecticut 2023 Regular Session

Connecticut House Bill HB05608 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	House Bill No. 5608
	7	+	General Assembly Committee Bill No. 5608
	8	+	January Session, 2023
	9	+	LCO No. 3476
5	10
6		-	Public Act No. 23-163
	11	+
	12	+	Referred to Committee on ENVIRONMENT
	13	+
	14	+
	15	+	Introduced by:
	16	+	(ENV)
	17	+
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9	20		AN ACT CONCERNING CERTAIN SOLAR PHOTOVOLTAIC
10	21		FACILITIES LOCATED ON PRIME FARMLAND, FARMLAND OF
11	22		STATE-WIDE IMPORTANCE OR CORE FOREST LANDS.
12	23		Be it enacted by the Senate and House of Representatives in General
13	24		Assembly convened:
14	25
15		-	Section 1. Subsection (a) of section 16-50k of the general statutes is
16		-	repealed and the following is substituted in lieu thereof (Effective from
17		-	passage):
18		-	(a) Except as provided in subsection (b) of section 16-50z, no person
19		-	shall exercise any right of eminent domain in contemplation of,
20		-	commence the preparation of the site for, commence the construction or
21		-	supplying of a facility, or commence any modification of a facility, that
22		-	may, as determined by the council, have a substantial adverse
23		-	environmental effect in the state without having first obtained a
24		-	certificate of environmental compatibility and public need, hereinafter
25		-	referred to as a "certificate", issued with respect to such facility or
26		-	modification by the council. Certificates shall not be required for (1) fuel
27		-	cells built within the state with a generating capacity of two hundred
28		-	fifty kilowatts or less, or (2) fuel cells built out of state with a generating
29		-	capacity of ten kilowatts or less. Any facility with respect to which a
30		-	certificate is required shall thereafter be built, maintained and operated
31		-	in conformity with such certificate and any terms, limitations or House Bill No. 5608
	26	+	Section 1. Subsection (a) of section 16-50k of the general statutes is 1
	27	+	repealed and the following is substituted in lieu thereof (Effective from 2
	28	+	passage): 3
	29	+	(a) Except as provided in subsection (b) of section 16-50z, no person 4
	30	+	shall exercise any right of eminent domain in contemplation of, 5
	31	+	commence the preparation of the site for, commence the construction 6
	32	+	or supplying of a facility, or commence any modification of a facility, 7
	33	+	that may, as determined by the council, have a substantial adverse 8
	34	+	environmental effect in the state without having first obtained a 9
	35	+	certificate of environmental compatibility and public need, hereinafter 10
	36	+	referred to as a "certificate", issued with respect to such facility or 11
	37	+	modification by the council. Certificates shall not be required for (1) 12
	38	+	fuel cells built within the state with a generating capacity of two 13
	39	+	hundred fifty kilowatts or less, or (2) fuel cells built out of state with a 14
	40	+	generating capacity of ten kilowatts or less. Any facility with respect to 15 Committee Bill No. 5608
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33		-	Public Act No. 23-163 2 of 3
34	42
35		-	conditions contained therein. Notwithstanding the provisions of this
36		-	chapter or title 16a, the council shall, in the exercise of its jurisdiction
37		-	over the siting of generating facilities, approve by declaratory ruling (A)
38		-	the construction of a facility solely for the purpose of generating
39		-	electricity, other than an electric generating facility that uses nuclear
40		-	materials or coal as fuel, at a site where an electric generating facility
41		-	operated prior to July 1, 2004, and (B) the construction or location of any
42		-	fuel cell, unless the council finds a substantial adverse environmental
43		-	effect, or of any customer-side distributed resources project or facility or
44		-	grid-side distributed resources project or facility with a capacity of not
45		-	more than sixty-five megawatts, as long as: (i) Such project meets air and
46		-	water quality standards of the Departmen t of Energy and
47		-	Environmental Protection, (ii) the council does not find a substantial
48		-	adverse environmental effect, and (iii) for a solar photovoltaic facility
49		-	with a capacity of two or more megawatts, to be located on prime
50		-	farmland or forestland, excluding any such facility that was selected by
51		-	the Department of Energy and Environmental Protection in any
52		-	solicitation issued prior to July 1, 2017, pursuant to section 16a-3f, 16a-
53		-	3g or 16a-3j, the Department of Agriculture represents, in writing, to the
54		-	council that such project will not materially affect the status of such land
55		-	as prime farmland or the Department of Energy and Environmental
56		-	Protection represents, in writing, to the council that such project will not
57		-	materially affect the status of such land as core forest. In conducting an
58		-	evaluation of a project for purposes of subparagraph (B)(iii) of this
59		-	[subsection] subdivision, the Departments of Agriculture and Energy
60		-	and Environmental Protection may consult with the United States
61		-	Department of Agriculture and soil and water conservation districts. In
62		-	addition to all other requirements for the issuance of a certificate, the
63		-	council shall not issue a certificate for a facility described in
64		-	subparagraph (B)(iii) of this subdivision unless the applicant for such
65		-	certificate furnishes a bond to cover all costs associated with the
66		-	decommissioning of such facility and the restoration of such prime
67		-	farmland, including, but not limited to, an inspection by a qualified soil House Bill No. 5608
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69		-	Public Act No. 23-163 3 of 3
	47	+	which a certificate is required shall thereafter be built, maintained and 16
	48	+	operated in conformity with such certificate and any terms, limitations 17
	49	+	or conditions contained therein. Notwithstanding the provisions of this 18
	50	+	chapter or title 16a, the council shall, in the exercise of its jurisdiction 19
	51	+	over the siting of generating facilities, approve by declaratory ruling 20
	52	+	(A) the construction of a facility solely for the purpose of generating 21
	53	+	electricity, other than an electric generating facility that uses nuclear 22
	54	+	materials or coal as fuel, at a site where an electric generating facility 23
	55	+	operated prior to July 1, 2004, and (B) the construction or location of 24
	56	+	any fuel cell, unless the council finds a substantial adverse 25
	57	+	environmental effect, or of any customer-side distributed resources 26
	58	+	project or facility or grid-side distributed resources project or facility 27
	59	+	with a capacity of not more than sixty-five megawatts, as long as: (i) 28
	60	+	Such project meets air and water quality standards of the Department 29
	61	+	of Energy and Environmental Protection, (ii) the council does not find 30
	62	+	a substantial adverse environmental effect, and (iii) for a solar 31
	63	+	photovoltaic facility with a capacity of two or more megawatts, to be 32
	64	+	located on prime farmland or forestland, excluding any such facility 33
	65	+	that was selected by the Department of Energy and Environmental 34
	66	+	Protection in any solicitation issued prior to July 1, 2017, pursuant to 35
	67	+	section 16a-3f, 16a-3g or 16a-3j, the Department of Agriculture 36
	68	+	represents, in writing, to the council that such project will not 37
	69	+	materially affect the status of such land as prime farmland or the 38
	70	+	Department of Energy and Environmental Protection represents, in 39
	71	+	writing, to the council that such project will not materially affect the 40
	72	+	status of such land as core forest. In conducting an evaluation of a 41
	73	+	project for purposes of subparagraph (B)(iii) of this [subsection] 42
	74	+	subdivision, the Departments of Agriculture and Energy and 43
	75	+	Environmental Protection may consult with the United States 44
	76	+	Department of Agriculture and soil and water conservation districts. In 45
	77	+	addition to all other requirements for the issuance of a certificate, the 46
	78	+	council shall not issue a certificate for a facility described in 47
	79	+	subparagraph (B)(iii) of this subdivision unless the applicant for such 48
	80	+	certificate furnishes a bond to cover all costs associated with the 49
	81	+	decommissioning of such facility. 50 Committee Bill No. 5608
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71		-	scientist or other agricultural soils professional to assess and assure that
72		-	the soils of such prime farmland are restored and will be suitable for
73		-	farming. Such an assessment shall include, but need not be limited to,
74		-	consideration of topsoil and subsoil depths, soil compaction, alteration
75		-	in surface and subsurface drainage, erosion and sedimentation control
76		-	measures and soil fertility.
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	88	+	This act shall take effect as follows and shall amend the following
	89	+	sections:
	90	+
	91	+	Section 1 from passage 16-50k(a)
	92	+
	93	+	ENV Joint Favorable
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