Connecticut 2018 Regular Session Status: In Committee

SB 350 — AN ACT REQUIRING THE POSTING OF A DECOMMISSIONING BOND FOR CERTAIN SOLAR PROJECTS.

Last action — FILE NO. 657

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

4 added · 4 removed

Plain-language change summary

The amendment adds clarity to the process for approving the construction of certain energy facilities, particularly solar photovoltaic projects located on prime farmland or core forest. It specifies that the Departments of Agriculture and Energy and Environmental Protection may consult with external agencies to assess environmental impacts, and it introduces a requirement for a decommissioning bond if a facility is approved. This could affect the way projects on sensitive lands are evaluated and ensure that land is restored after a facility is decommissioned.

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350 February Session, 2018   *_____SB00350ENV___032318____* AN ACT REQUIRING THE POSTING OF A DECOMMISSIONING BOND FOR CERTAIN SOLAR PROJECTS.
350 February Session, 2018   *_____SB00350APP___041818____* AN ACT REQUIRING THE POSTING OF A DECOMMISSIONING BOND FOR CERTAIN SOLAR PROJECTS.
(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.
(a) (1) 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.
Certificates shall not be required for [(1)] (A) fuel cells built within the state with a generating capacity of two hundred fifty kilowatts or less, or [(2)] (B) fuel cells built out of state with a generating capacity of ten kilowatts or less.
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:
(2) 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:
In conducting an evaluation of a project for purposes of subparagraph (B)(iii) of this subsection, 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 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.
If the council approves a facility described in subparagraph (B)(iii) of this subsection, the council shall require the posting of a decommissioning bond by the person seeking such certificate in an amount sufficient to restore such prime farmland to a productive agricultural condition or to restore such land as core forest, as applicable.
(3) If the council approves a facility described in subparagraph (B)(iii) of subdivision (2) of this subsection, the council shall require the posting of a decommissioning bond by the person seeking such certificate in an amount sufficient to restore such prime farmland to a productive agricultural condition or to restore such land as core forest, as applicable.
The provisions of this subdivision shall not apply to prime farmland or core forest owned by the state or any municipality.
(Effective from passage) The Commissioner of Agriculture shall convene a working group to develop a recommendation for the standard to be applied by the Departments of Energy and Environmental Protection and Agriculture in evaluating the effect of solar photovoltaic facilities pursuant to subparagraph (B)(iii) of subsection (a) of section 16-50k of the general statutes.
(Effective from passage) The Commissioner of Agriculture shall convene a working group to develop a recommendation for the standard to be applied by the Departments of Energy and Environmental Protection and Agriculture in evaluating the effect of solar photovoltaic facilities pursuant to subparagraph (B)(iii) of subsection (a) of section 16-50k of the general statutes, as amended by this act.
2 from passage New section ENV Joint Favorable Subst.
2 from passage New section APP Joint Favorable Subst.
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Action History

  1. FILE NO. 657

  2. FAV. RPT., TAB. FOR CAL., SEN.

  3. NEW FILE BY COMM. ON Appropriations

  4. RPTD. OUT OF LCO

  5. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/30/18

  6. FILED WITH LCO

  7. Joint Favorable Substitute

  8. REF. BY SEN. TO COMM. ON Appropriations

  9. FILE NO. 291

  10. SENATE CALENDAR NUMBER 163

  11. FAV. RPT., TAB. FOR CAL., SEN.

  12. RPTD. OUT OF LCO

  13. REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 04/04/18

  14. FILED WITH LCO

  15. Joint Favorable Substitute

  16. PUBLIC HEARING 0316

  17. REF. TO JOINT COMM. ON Environment

Sponsors

  • Ted Kennedy · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 186 not signed on

Sponsors (1)

  • Kennedy, Ted

Co-sponsors (0)

None.

Not signed on (186)

186 members have not signed on to this bill.

Show all 186 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment agriculture energy
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Frequently asked questions

Who sponsors SB 350?
SB 350 is sponsored by Kennedy, Ted.
What is the current status of SB 350?
This bill died with 2018 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 350?
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