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General Assembly Substitute Bill No. 5916
January Session, 2025
AN ACT REQUIRING SOLAR DEVELOPERS TO PROVIDE
FARMLAND RESTORATION BONDS FOR BOTH PETITION AND
APPLICATION PROJECTS APPROVED BY THE SITING COUNCIL.
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 1
repealed and the following is substituted in lieu thereof (Effective from 2
passage): 3
(a) Except as provided in subsection (b) of section 16-50z, no person 4
shall exercise any right of eminent domain in contemplation of, 5
commence the preparation of the site for, commence the construction or 6
supplying of a facility, or commence any modification of a facility, that 7
may, as determined by the council, have a substantial adverse 8
environmental effect in the state without having first obtained a 9
certificate of environmental compatibility and public need, hereinafter 10
referred to as a "certificate", issued with respect to such facility or 11
modification by the council. Certificates shall not be required for (1) fuel 12
cells built within the state with a generating capacity of two hundred 13
fifty kilowatts or less, or (2) fuel cells built out of state with a generating 14
capacity of ten kilowatts or less. Any facility with respect to which a 15
certificate is required shall thereafter be built, maintained and operated 16
in conformity with such certificate and any terms, limitations or 17
conditions contained therein. Notwithstanding the provisions of this 18 Substitute Bill No. 5916
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chapter or title 16a, the council shall, in the exercise of its jurisdiction 19
over the siting of generating facilities, approve by declaratory ruling (A) 20
the construction of a facility solely for the purpose of generating 21
electricity, other than an electric generating facility that uses nuclear 22
materials or coal as fuel, at a site where an electric generating facility 23
operated prior to July 1, 2004, and (B) the construction or location of any 24
fuel cell, unless the council finds a substantial adverse environmental 25
effect, or of any customer-side distributed resources project or facility or 26
grid-side distributed resources project or facility with a capacity of not 27
more than sixty-five megawatts, as long as: (i) Such project meets air and 28
water quality standards of the Department of Energy and 29
Environmental Protection, (ii) the council does not find a substantial 30
adverse environmental effect, and (iii) for a solar photovoltaic facility 31
with a capacity of two or more megawatts, to be located on prime 32
farmland or forestland, excluding any such facility that was selected by 33
the Department of Energy and Environmental Protection in any 34
solicitation issued prior to July 1, 2017, pursuant to section 16a-3f, 16a-35
3g or 16a-3j, the Department of Agriculture represents, in writing, to the 36
council that such project will not materially affect the status of such land 37
as prime farmland or the Department of Energy and Environmental 38
Protection represents, in writing, to the council that such project will not 39
materially affect the status of such land as core forest. In conducting an 40
evaluation of a project for purposes of subparagraph (B)(iii) of this 41
subdivision, the Departments of Agriculture and Energy and 42
Environmental Protection may consult with the United States 43
Department of Agriculture and soil and water conservation districts. In 44
addition to all other requirements for the issuance of a certificate, the 45
council shall not issue a certificate for a facility described in 46
subparagraph (B)(iii) of this subdivision unless the applicant for such 47
certificate furnishes a bond to cover all costs associated with the 48
decommissioning of such facility and the restoration of such prime 49
farmland, including, but not limited to, an inspection by a qualified soil 50
scientist or other agricultural soils professional to assess and assure that 51
the soils of such prime farmland are restored and will be suitable for 52
farming. Such an assessment shall include, but need not be limited to, 53 Substitute Bill No. 5916
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consideration of topsoil and subsoil depths, soil compaction, alteration 54
in surface and subsurface drainage, erosion and sedimentation control 55
measures and soil fertility. Such decommissioning bond requirement 56
shall also apply to any such two-megawatt or more solar photovoltaic 57
facility that is approved by declaratory ruling. 58
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage 16-50k(a)
ENV Joint Favorable Subst.