Connecticut 2025 Regular Session

Connecticut House Bill HB05916 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 3
4	3
5		-	General Assembly Substitute Bill No. 5916
	4	+	LCO No. 3767 1 of 3
	5	+
	6	+	General Assembly Committee Bill No. 5916
6	7		January Session, 2025
	8	+	LCO No. 3767
7	9
8	10
	11	+	Referred to Committee on ENVIRONMENT
	12	+
	13	+
	14	+	Introduced by:
	15	+	(ENV)
9	16
10	17
11	18
12	19		AN ACT REQUIRING SOLAR DEVELOPERS TO PROVIDE
13	20		FARMLAND RESTORATION BONDS FOR BOTH PETITION AND
14	21		APPLICATION PROJECTS APPROVED BY THE SITING COUNCIL.
15	22		Be it enacted by the Senate and House of Representatives in General
16	23		Assembly convened:
17	24
18	25		Section 1. Subsection (a) of section 16-50k of the general statutes is 1
19	26		repealed and the following is substituted in lieu thereof (Effective from 2
20	27		passage): 3
21	28		(a) Except as provided in subsection (b) of section 16-50z, no person 4
22	29		shall exercise any right of eminent domain in contemplation of, 5
23	30		commence the preparation of the site for, commence the construction or 6
24	31		supplying of a facility, or commence any modification of a facility, that 7
25	32		may, as determined by the council, have a substantial adverse 8
26	33		environmental effect in the state without having first obtained a 9
27	34		certificate of environmental compatibility and public need, hereinafter 10
28	35		referred to as a "certificate", issued with respect to such facility or 11
29	36		modification by the council. Certificates shall not be required for (1) fuel 12
30	37		cells built within the state with a generating capacity of two hundred 13
31	38		fifty kilowatts or less, or (2) fuel cells built out of state with a generating 14
32	39		capacity of ten kilowatts or less. Any facility with respect to which a 15
	40	+	Committee Bill No. 5916
	41	+
	42	+
	43	+	LCO No. 3767 2 of 3
	44	+
33	45		certificate is required shall thereafter be built, maintained and operated 16
34	46		in conformity with such certificate and any terms, limitations or 17
35		-	conditions contained therein. Notwithstanding the provisions of this 18 Substitute Bill No. 5916
36		-
37		-
38		-	LCO 2 of 3
39		-
	47	+	conditions contained therein. Notwithstanding the provisions of this 18
40	48		chapter or title 16a, the council shall, in the exercise of its jurisdiction 19
41	49		over the siting of generating facilities, approve by declaratory ruling (A) 20
42	50		the construction of a facility solely for the purpose of generating 21
43	51		electricity, other than an electric generating facility that uses nuclear 22
44	52		materials or coal as fuel, at a site where an electric generating facility 23
45	53		operated prior to July 1, 2004, and (B) the construction or location of any 24
46	54		fuel cell, unless the council finds a substantial adverse environmental 25
47	55		effect, or of any customer-side distributed resources project or facility or 26
48	56		grid-side distributed resources project or facility with a capacity of not 27
49	57		more than sixty-five megawatts, as long as: (i) Such project meets air and 28
50	58		water quality standards of the Department of Energy and 29
51	59		Environmental Protection, (ii) the council does not find a substantial 30
52	60		adverse environmental effect, and (iii) for a solar photovoltaic facility 31
53	61		with a capacity of two or more megawatts, to be located on prime 32
54	62		farmland or forestland, excluding any such facility that was selected by 33
55	63		the Department of Energy and Environmental Protection in any 34
56	64		solicitation issued prior to July 1, 2017, pursuant to section 16a-3f, 16a-35
57	65		3g or 16a-3j, the Department of Agriculture represents, in writing, to the 36
58	66		council that such project will not materially affect the status of such land 37
59	67		as prime farmland or the Department of Energy and Environmental 38
60	68		Protection represents, in writing, to the council that such project will not 39
61	69		materially affect the status of such land as core forest. In conducting an 40
62	70		evaluation of a project for purposes of subparagraph (B)(iii) of this 41
63	71		subdivision, the Departments of Agriculture and Energy and 42
64	72		Environmental Protection may consult with the United States 43
65	73		Department of Agriculture and soil and water conservation districts. In 44
66	74		addition to all other requirements for the issuance of a certificate, the 45
67	75		council shall not issue a certificate for a facility described in 46
68	76		subparagraph (B)(iii) of this subdivision unless the applicant for such 47
69	77		certificate furnishes a bond to cover all costs associated with the 48
70	78		decommissioning of such facility and the restoration of such prime 49
	79	+	Committee Bill No. 5916
	80	+
	81	+
	82	+	LCO No. 3767 3 of 3
	83	+
71	84		farmland, including, but not limited to, an inspection by a qualified soil 50
72	85		scientist or other agricultural soils professional to assess and assure that 51
73	86		the soils of such prime farmland are restored and will be suitable for 52
74		-	farming. Such an assessment shall include, but need not be limited to, 53 Substitute Bill No. 5916
75		-
76		-
77		-	LCO 3 of 3
78		-
	87	+	farming. Such an assessment shall include, but need not be limited to, 53
79	88		consideration of topsoil and subsoil depths, soil compaction, alteration 54
80	89		in surface and subsurface drainage, erosion and sedimentation control 55
81	90		measures and soil fertility. Such decommissioning bond requirement 56
82	91		shall also apply to any such two-megawatt or more solar photovoltaic 57
83		-	facility ~~that~~ is ~~approved by declaratory ruling.~~ 58
	92	+	facility with respect to which a certificate is required. 58
84	93		This act shall take effect as follows and shall amend the following
85	94		sections:
86	95
87	96		Section 1 from passage 16-50k(a)
88	97
89		-	ENV Joint Favorable Subst.
	98	+	Statement of Purpose:
	99	+	To require solar developers to post a farmland restoration bond
	100	+	regardless of whether such project is pursuant to an application or
	101	+	petition before the Siting Council.
	102	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	103	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	104	+	underlined.]
	105	+
	106	+	Co-Sponsors: REP. DUBITSKY, 47th Dist.; REP. ANDERSON, 62nd Dist.
	107	+
	108	+	H.B. 5916
	109	+
90	110