House Bill No. 5608
Public Act No. 23-163
AN ACT CONCERNING CERTAIN SOLAR PHOTOVOLTAIC
FACILITIES LOCATED ON PRIME FARMLAND, FARMLAND OF
STATE-WIDE IMPORTANCE OR CORE FOREST LANDS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 16-50k of the general statutes is
repealed and the following is substituted in lieu thereof (Effective from
passage):
(a) Except as provided in subsection (b) of section 16-50z, no person
shall exercise any right of eminent domain in contemplation of,
commence the preparation of the site for, commence the construction or
supplying of a facility, or commence any modification of a facility, that
may, as determined by the council, have a substantial adverse
environmental effect in the state without having first obtained a
certificate of environmental compatibility and public need, hereinafter
referred to as a "certificate", issued with respect to such facility or
modification by the council. Certificates shall not be required for (1) fuel
cells built within the state with a generating capacity of two hundred
fifty kilowatts or less, or (2) fuel cells built out of state with a generating
capacity of ten kilowatts or less. Any facility with respect to which a
certificate is required shall thereafter be built, maintained and operated
in conformity with such certificate and any terms, limitations or House Bill No. 5608
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conditions contained therein. Notwithstanding the provisions of this
chapter or title 16a, the council shall, in the exercise of its jurisdiction
over the siting of generating facilities, approve by declaratory ruling (A)
the construction of a facility solely for the purpose of generating
electricity, other than an electric generating facility that uses nuclear
materials or coal as fuel, at a site where an electric generating facility
operated prior to July 1, 2004, and (B) the construction or location of any
fuel cell, unless the council finds a substantial adverse environmental
effect, or of any customer-side distributed resources project or facility or
grid-side distributed resources project or facility with a capacity of not
more than sixty-five megawatts, as long as: (i) Such project meets air and
water quality standards of the Departmen t of Energy and
Environmental Protection, (ii) the council does not find a substantial
adverse environmental effect, and (iii) for a solar photovoltaic facility
with a capacity of two or more megawatts, to be located on prime
farmland or forestland, excluding any such facility that was selected by
the Department of Energy and Environmental Protection in any
solicitation issued prior to July 1, 2017, pursuant to section 16a-3f, 16a-
3g or 16a-3j, the Department of Agriculture represents, in writing, to the
council that such project will not materially affect the status of such land
as prime farmland or the Department of Energy and Environmental
Protection represents, in writing, to the council that such project will not
materially affect the status of such land as core forest. In conducting an
evaluation of a project for purposes of subparagraph (B)(iii) of this
[subsection] subdivision, the Departments of Agriculture and Energy
and Environmental Protection may consult with the United States
Department of Agriculture and soil and water conservation districts. In
addition to all other requirements for the issuance of a certificate, the
council shall not issue a certificate for a facility described in
subparagraph (B)(iii) of this subdivision unless the applicant for such
certificate furnishes a bond to cover all costs associated with the
decommissioning of such facility and the restoration of such prime
farmland, including, but not limited to, an inspection by a qualified soil House Bill No. 5608
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scientist or other agricultural soils professional to assess and assure that
the soils of such prime farmland are restored and will be suitable for
farming. Such an assessment shall include, but need not be limited to,
consideration of topsoil and subsoil depths, soil compaction, alteration
in surface and subsurface drainage, erosion and sedimentation control
measures and soil fertility.