GA
Georgia House Bill HB249

Georgia 2025-2026 Regular Session

Georgia House Bill HB249 Compare Versions

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22 The House Committee on Energy, Utilities and Telecommunications offers the following
33 substitute to HB 249:
44 A BILL TO BE ENTITLED
55 AN ACT
66 To amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated,1
77 relating to generation and distribution of electricity generally, so as to revise provisions2
88 relating to solar power facility agreements; to revise provisions relating to the waiver of3
9-certain requirements of such agreements; to authorize the Environmental Protection Division4
10-of the Department of Natural Resources to issue cease and desist orders; to provide civil5
11-penalties; to provide an exception; to revise and provide for definitions; to provide for an6
12-effective date; to provide for related matters; to repeal conflicting laws; and for other7
13-purposes.8
9+certain requirements of such agreements; to provide for the certification by the4
10+Environmental Protection Division of the Department of Natural Resources that solar power5
11+facility agreements meet certain requirements; to provide civil penalties; to provide an6
12+exception; to revise and provide for definitions; to provide an effective date; to provide for7
13+related matters; to repeal conflicting laws; and for other purposes.8
1414 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
1515 SECTION 1.10
1616 Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to11
1717 generation and distribution of electricity generally, is amended by revising Part 5, relating12
1818 to solar power facility agreements, as follows:13
1919 H. B. 249 (SUB)
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20+- 1 - 25 LC 55 0500S
2121 "Part 514
2222 46-3-67.15
2323 As used in this part, the term:16
2424 (1) 'Commercial operations date' means the date on which a solar power facility17
2525 generates electrical energy for sale to an electric supplier. Such term does not include the18
2626 generation of electrical energy or other operations conducted before that date for purposes19
2727 of maintenance or testing.20
2828 (2) 'Division' means the Environmental Protection Division of the Department of Natural21
2929 Resources.22
3030 (3) 'Electric supplier' has the same meaning as provided in Code Section 46-3-3.23
3131 (3)(4) 'Financial assurance' means a surety or performance bond that:24
3232 (A) Renews automatically; and25
3333 (B) Is issued by a company that is:26
3434 (i) Licensed as an insurance company under Title 33; and27
3535 (ii) Listed listed on the United States Department of the Treasury's List of Certified28
3636 Companies and that has a financial strength rating of at least an 'A' as rated by A.M.29
3737 Best Company, Inc.; Moody's Investors Service, Inc.; Standard and Poor's30
3838 Corporation; or a similar rating agency.31
3939 (4)(5) 'Grantee' means a person who leases property from a landowner and who operates32
4040 a solar power facility on said property.33
4141 (5)(6) 'Solar energy device' means a solar energy collector or solar energy system that34
4242 provides for the collection of solar energy or the subsequent use of such energy as35
4343 thermal, mechanical, or electrical energy.36
4444 (6)(7) 'Solar power facility' means a solar energy device that does not meet the definition37
4545 of solar technology pursuant to Code Section 46-3-62, or the integrated collection of such38
4646 devices, together with any equipment or other personal property and improvements under39
4747 H. B. 249 (SUB)
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48+- 2 - 25 LC 55 0500S
4949 common ownership that are used to support the operation of such a solar energy device40
5050 or solar energy devices, including, but not limited to, underground or aboveground41
5151 electrical transmission or communications lines, electric transformers, battery storage42
5252 facilities, telecommunications equipment, roads, meteorological towers, and maintenance43
5353 yards.44
5454 (7)(8) 'Solar power facility agreement' means any lease agreement for real property in45
5555 this state between a grantee and a landowner that authorizes the grantee to operate a solar46
5656 power facility on the leased property.47
5757 46-3-68.48
5858 (a) The provisions of this part shall only apply to solar power facility agreements that are49
5959 executed or renewed on or after July 1, 2024.50
6060 (b) Any Except as provided in subsection (e) of Code Section 46-3-69, any provision in51
6161 a solar power facility agreement that purports to waive a right or exempt a grantee from a52
6262 liability or duty established by this part shall be void.53
6363 (c) Any person who is harmed by a violation of this part shall be entitled to appropriate54
6464 injunctive relief to prevent further violation of this part.55
6565 (d) The provisions of this Code section are not exclusive. The remedies provided in this56
6666 Code section are in addition to any other procedures or remedies provided by law.57
6767 46-3-69.58
6868 (a) A solar power facility agreement shall provide that the grantee shall be responsible for59
6969 removing the grantee's solar power facilities from the landowner's property upon the60
7070 termination of the lease and that the grantee shall, in accordance with any other applicable61
7171 laws or regulations, safely:62
7272 H. B. 249 (SUB)
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74-(1) Clear, clean, and remove from the property all grantee owned or leased solar energy63
75-devices and all grantee owned or leased equipment, personal property, and improvements64
76-used to support such devices;65
73+- 3 - 25 LC 55 0500S
74+(1) Clear, clean, and remove from the property all grantee owned solar energy devices63
75+and all grantee owned equipment, personal property, and improvements used to support64
76+such devices;65
7777 (2) For each foundation of a solar energy device, transformer, or substation installed on66
7878 the property by the grantee:67
7979 (A) Clear, clean, and remove the foundation from the ground to a depth of at least three68
8080 feet below the surface grade of the land in which the foundation is installed; and69
8181 (B) Ensure that each hole or cavity created in the ground by such removal is filled with70
8282 soil of the same type or a similar type as the predominant soil found on the property;71
8383 (3) For each cable, including power, fiber-optic, and communications cables, installed72
8484 underground by the grantee:73
8585 (A) Clear, clean, and remove the cable from the ground to a depth of at least three feet74
8686 below the surface grade of the land in which the cable is installed; and75
8787 (B) Ensure that each hole or cavity created in the ground by such removal is filled with76
8888 soil of the same type or a similar type as the predominant soil found on the property;77
8989 and78
9090 (4) Clear, clean, and remove from the property each overhead power or communications79
9191 line installed on the property by the grantee.80
9292 (b) A solar power facility agreement shall provide that, at the request of the landowner, the81
9393 grantee shall:82
9494 (1) Clear, clean, and remove each road constructed on the property by the grantee; and83
9595 (2) Ensure that each hole or cavity created in the ground by such removal is filled with84
9696 soil of the same type or a similar type as the predominant soil found on the property.85
9797 (c) A solar power facility agreement shall provide that, at the request of the landowner, the86
9898 grantee shall:87
9999 (1) Remove from the property all rocks more than 12 inches in diameter excavated88
100100 during the decommissioning or removal of the grantee's solar power facilities; and89
101101 H. B. 249 (SUB)
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103103 (2) Ensure that:90
104104 (A) Each hole or cavity created in the ground by such decommissioning or removal is91
105105 filled with soil of the same type or a similar type as the predominant soil found on the92
106106 property; and93
107107 (B) The surface is returned, as near as reasonably possible, to the same condition as94
108108 before the grantee dug holes or cavities, including, but not limited to, by reseeding95
109109 pastureland with native, naturalized, and introduced grasses and legumes prescribed by96
110-an appropriate governmental agency, if any in accordance with the Manual for Erosion97
111-and Sediment Control in Georgia published by the State Soil and Water Conservation98
112-Commission.99
113-(d) A landowner shall make any request provided by a solar power facility agreement100
114-pursuant to subsection (b) or (c) of this Code section no later than 12 months after the later101
115-of:102
116-(1) The date on which the solar power facility is facilities are no longer capable of103
117-generating electricity in commercial quantities, except when such inability to generate104
118-electricity is the result of an event of force majeure or when the grantee is in the process105
119-of repairing the solar power facility facilities, provided that, in either case, the solar106
120-power facility resumes facilities resume generating electricity in commercial quantities107
121-within 180 days;108
122-(2) The date the landowner receives written notice of intent to decommission the solar109
123-power facility facilities from the grantee; or110
124-(3) The date the solar power facility agreement is terminated.111
125-(e) The requirements of this Code section applicable to a solar power facility agreement112
126-may be waived or modified through a written, notarized agreement between the grantee and113
127-landowner, which may be the solar power facility agreement if such waiver or modification114
128-is clearly denoted; provided, however, that no such agreement shall waive or modify the115
129-grantee's obligation to remove the grantee's solar power facilities from the landowner's116
110+an appropriate the division or other governmental agency, if any.97
111+(d) A landowner shall make any request provided by a solar power facility agreement98
112+pursuant to subsection (b) or (c) of this Code section no later than 12 months after the later99
113+of:100
114+(1) The date on which the solar power facility is no longer capable of generating101
115+electricity in commercial quantities, except when such inability to generate electricity is102
116+the result of an event of force majeure or when the grantee is in the process of repairing103
117+the solar power facility, provided that, in either case, the solar power facility resumes104
118+generating electricity in commercial quantities within 180 days;105
119+(2) The date the landowner receives written notice of intent to decommission the solar106
120+power facility from the grantee; or107
121+(3) The date the solar power facility agreement is terminated.108
122+(e) The requirements of this Code section applicable to a solar power facility agreement109
123+may be waived or modified through a written, notarized agreement between the grantee and110
124+landowner, which may be the solar power facility agreement if such waiver or modification111
125+is clearly denoted; provided, however, that no such agreement shall waive or modify the112
126+grantee's obligation to remove the grantee's solar power facilities from the landowner's113
127+property upon the termination of the solar power facility agreement. Any such agreement114
128+shall be recorded with the clerk of the superior court of the county where the solar power115
129+facility is located.116
130130 H. B. 249 (SUB)
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132-property upon the termination of the solar power facility agreement. Any such agreement117
133-shall be recorded with the clerk of the superior court of the county where the solar power118
134-facility is facilities are located.119
135-46-3-69.1.120
136-(a) A solar power facility agreement shall provide that:121
137-(1) The grantee shall obtain and deliver to the landowner and record with the clerk of the122
138-superior court of the county where the solar power facility is facilities are located123
139-evidence of financial assurance that conforms to the requirements of this subsection to124
140-secure the performance of the grantee's obligation to remove the grantee's solar power125
141-facilities located on the landowner's property and, if applicable, to restore the property126
142-to the conditions described in pursuant to Code Section 46-3-69;127
143-(2) The amount of the financial assurance shall be:128
144-(A) At least equal to the estimated cost of removing the solar power facilities from the129
145-landowner's property and, if applicable, restoring the property to the conditions130
146-described in Code Section 46-3-69:131
147-(i) Minus the salvage value of the solar power facilities; and132
148-(ii) Plus any portion of the value of the solar power facilities pledged to secure133
149-outstanding debt; and134
150-(B) Determined by an independent, third-party professional engineer licensed in this135
151-state;136
152-(3) The grantee shall deliver to the landowner an updated estimate, prepared by an137
153-independent, third-party professional engineer licensed in this state, of the removal costs138
154-and the salvage value of the solar power facilities required amount of financial assurance139
155-under subparagraph (A) of paragraph (2) of this subsection:140
156-(A) No later than 20 years after the commercial operations date of the solar power141
157-facilities; and142
131+- 5 - 25 LC 55 0500S
132+46-3-69.1.117
133+(a) A solar power facility agreement shall provide that:118
134+(1) The grantee shall obtain and deliver to the landowner and record with the clerk of the119
135+superior court of the county where the solar power facility is located evidence of financial120
136+assurance that conforms to the requirements of this subsection to secure the performance121
137+of the grantee's obligation to remove the grantee's solar power facilities located on the122
138+landowner's property and, if applicable, to restore the property to the conditions described123
139+in pursuant to Code Section 46-3-69;124
140+(2) The amount of the financial assurance shall be:125
141+(A) At least equal to the estimated cost of removing the solar power facilities from the126
142+landowner's property and, if applicable, restoring the property to the conditions127
143+described in Code Section 46-3-69:128
144+(i) Minus the salvage value of the solar power facilities; and129
145+(ii) Plus any portion of the value of the solar power facilities pledged to secure130
146+outstanding debt; and131
147+(B) Determined by an independent, third-party professional engineer licensed in this132
148+state;133
149+(3) The grantee shall deliver to the landowner an updated estimate, prepared by an134
150+independent, third-party professional engineer licensed in this state, of the removal costs135
151+and the salvage value of the solar power facilities required amount of financial assurance136
152+under subparagraph (A) of paragraph (2) of this subsection:137
153+(A) No later than 20 years after the commercial operations date of the solar power138
154+facilities; and139
155+(B) At least once every five years after the commercial operations date of the solar140
156+power facilities for the remainder of the term of the agreement;141
157+(4) The grantee shall be responsible for ensuring that the amount of the financial142
158+assurance remains sufficient to cover the amount required by paragraph (2) of this143
158159 H. B. 249 (SUB)
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160-(B) At least once every five years after the commercial operations date of the solar143
161-power facilities for the remainder of the term of the agreement;144
162-(4) The grantee shall be responsible for ensuring that the amount of the financial145
163-assurance remains sufficient to cover the amount required by paragraph (2) of this146
164-subsection, consistent with the updated estimates required by paragraph (3) of this147
165-subsection;148
166-(5) The grantee shall be responsible for the costs of obtaining financial assurance and149
167-costs of determining the estimated removal and, if applicable, restoration costs and the150
168-salvage value described in paragraph (2) of this subsection and the costs of updating such151
169-estimates pursuant to paragraph (3) of this subsection; and152
170-(6) The grantee shall deliver the financial assurance not later than the commercial153
171-operations date of the solar power facilities.154
172-(b) No county or municipal corporation shall impose on a grantee who has entered into a155
173-solar power facility agreement that conforms to the requirements of this Code section156
174-financial assurance requirements relating to the removal or decommissioning of solar157
175-power facilities.158
176-(c) No grantee shall cancel the financial assurance delivered to the landowner pursuant to159
177-this Code section before the date the grantee has completed the grantee's obligation to160
178-remove the grantee's solar power facilities located on the landowner's property in the161
179-manner provided by this part, unless the grantee provides the landowner with replacement162
180-financial assurance at the time of or before such cancellation. In the event of a transfer of163
181-ownership of the grantee's solar power facilities, the financial assurance provided by the164
182-grantee shall remain in place until the date on which evidence of substitute financial165
183-assurance meeting the requirements of this part is provided delivered to the landowner.166
160+- 6 - 25 LC 55 0500S
161+subsection, consistent with the updated estimates required by paragraph (3) of this144
162+subsection;145
163+(5) The grantee shall be responsible for the costs of obtaining financial assurance and146
164+costs of determining the estimated removal and, if applicable, restoration costs and the147
165+salvage value described in paragraph (2) of this subsection and the costs of updating such148
166+estimates pursuant to paragraph (3) of this subsection; and149
167+(6) The grantee shall deliver the financial assurance not later than the commercial150
168+operations date of the solar power facilities.151
169+(b) No county or municipal corporation shall impose on a grantee who has entered into a152
170+solar power facility agreement that conforms to the requirements of this Code section153
171+financial assurance requirements relating to the removal or decommissioning of solar154
172+power facilities.155
173+(c) No grantee shall cancel the financial assurance delivered to the landowner pursuant to156
174+this Code section before the date the grantee has completed the grantee's obligation to157
175+remove the grantee's solar power facilities located on the landowner's property in the158
176+manner provided by this part, unless the grantee provides the landowner with replacement159
177+financial assurance at the time of or before such cancellation. In the event of a transfer of160
178+ownership of the grantee's solar power facilities, the financial assurance provided by the161
179+grantee shall remain in place until the date on which evidence of substitute financial162
180+assurance meeting the requirements of this part is provided delivered to the landowner.163
181+46-3-69.2.164
182+(a) Prior to installing or otherwise constructing any solar power facilities on the property165
183+of a landowner pursuant to a solar power facility agreement, the grantee shall obtain from166
184+the division a certification that the solar power facility agreement complies with the167
185+requirements of this part.168
184186 H. B. 249 (SUB)
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186-46-3-69.2.167
187-(a)(1) Prior to the commercial operations date of any solar power facilities that are168
188-installed or otherwise constructed on the property of a landowner pursuant to a solar169
189-power facility agreement, the grantee shall provide to the division evidence that it has170
190-delivered to the landowner the financial assurance required under the solar power facility171
191-agreement and that meets the requirements of Code Section 46-3-69.1.172
192-(2) The division shall have the authority to issue a cease and desist order to any grantee173
193-that:174
194-(A) Fails to provide evidence to the division, as required under paragraph (1) of this175
195-subsection, that it has delivered to the landowner the financial assurance required under176
196-the solar power facility agreement before the commercial operations date of the solar177
197-power facilities; or178
198-(B) Otherwise violates the provisions of Code Section 46-3-69.1.179
199-(3) If a cease and desist order is issued to a grantee by the division pursuant to paragraph180
200-(2) of this subsection, the grantee shall, upon being served with such cease and desist181
201-order, immediately cease operations of all solar power facilities located on the property182
202-of the landowner and shall not resume such operations until such cease and desist order183
203-is rescinded by the division upon its determination that the reason or reasons for the184
204-issuance of the cease and desist order have been cured by the grantee or upon such cease185
205-and desist order being overturned by a court of competent jurisdiction.186
206-(4) The issuance of a cease and desist order by the division pursuant to paragraph (2) of187
207-this subsection shall constitute a final order subject to judicial review under Chapter 13188
208-of Title 50, the 'Georgia Administrative Procedure Act.'189
209-(b)(1) Any grantee that operates any solar power facilities in violation of paragraph (3)190
210-of subsection (a) of this Code section shall be subject to a civil penalty of $1,000.00 per191
211-day until the earlier of:192
187+- 7 - 25 LC 55 0500S
188+(b) The division shall issue or refuse to issue to a grantee the certification required under169
189+subsection (a) of this Code section within 30 days of receiving a fully executed solar power170
190+facility agreement from the grantee along with any other information that the division may171
191+require. If the division determines that such solar power facility agreement does not172
192+comply with the requirements of this part, the grantee shall cure such deficiency through173
193+a written modification of the solar power facility agreement that is signed by the grantee174
194+and the landowner. The division shall, within 30 days of receiving such written175
195+modification and any other information the division may require, determine if such176
196+modification brings the solar power facility agreement in compliance with the requirements177
197+of this part and, if so, issue to the grantee the certification required under subsection (a) of178
198+this Code section.179
199+(c)(1) Except as provided in paragraph (3) of this subsection, any grantee that installs or180
200+otherwise constructs any solar power facilities on the property of a landowner pursuant181
201+to a solar power facility agreement prior to obtaining a certification from the division182
202+under subsection (a) of this Code section shall be subject to a civil penalty of $1,000.00183
203+per day until the earlier of:184
204+(A) The date on which such grantee obtains a certification from the division under185
205+subsection (a) of this Code section; or186
206+(B) The date all solar power facilities are removed from the property of the landowner.187
207+(2) The civil penalty provided for in paragraph (1) of this subsection shall be recoverable188
208+in a civil action brought in any court of competent jurisdiction by the Attorney General,189
209+the division, or any district attorney.190
210+(3) If the division fails to issue or refuse to issue to a grantee the certification required191
211+under subsection (a) of this Code section within 30 days of receiving from the grantee a192
212+fully executed solar power facility agreement or a written modification to a solar power193
213+facility agreement as required under subsection (b) of this Code section, then the division194
212214 H. B. 249 (SUB)
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214-(A) The date on which the division rescinds the cease and desist order issued to the193
215-grantee; 194
216-(B) The date on which the issuance of the cease and desist order is overturned by a195
217-court of competent jurisdiction; or196
218-(C) The date the grantee ceases operations of all solar power facilities located on the197
219-property of the landowner.198
220-(2) The civil penalty provided for in paragraph (1) of this subsection may be assessed by199
221-the division against a grantee through an administrative consent order or after notice and200
222-hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure201
223-Act.' Any such civil penalty that is finally assessed against a grantee shall be recoverable202
224-by civil action brought in the name of the division in the superior court of the county203
225-where the solar power facilities are located."204
226-SECTION 2.205
227-This Act shall become effective upon its approval by the Governor or upon its becoming law206
228-without such approval.207
229-SECTION 3.208
230-All laws and parts of laws in conflict with this Act are repealed.209
215+- 8 - 25 LC 55 0500S
216+shall be deemed to have issued such certification to the grantee and the grantee shall not195
217+be subject to the civil penalty provided for in paragraph (1) of this subsection."196
218+SECTION 2.197
219+This Act shall become effective upon its approval by the Governor or upon its becoming law198
220+without such approval.199
221+SECTION 3.200
222+All laws and parts of laws in conflict with this Act are repealed.201
231223 H. B. 249 (SUB)
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