HB 5608 — AN ACT CONCERNING CERTAIN SOLAR PHOTOVOLTAIC FACILITIES LOCATED ON PRIME FARMLAND, FARMLAND OF STATE-WIDE IMPORTANCE OR CORE FOREST LANDS.

House ofBill Representatives General Assembly File No.

1255608 JanuaryPublic Session,Act 2023 House Bill No.

560823-163 HouseAN ofACT Representatives,CONCERNING MarchCERTAIN 21,SOLAR 2023PHOTOVOLTAIC TheFACILITIES CommitteeLOCATED onON EnvironmentPRIME reportedFARMLAND, throughFARMLAND REP.OF STATE-WIDE IMPORTANCE OR CORE FOREST LANDS.

GRESKO of the 121st Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass.

AN ACT CONCERNING CERTAIN SOLAR PHOTOVOLTAIC FACILITIES LOCATED ON PRIME FARMLAND, FARMLAND OF STATE-WIDE IMPORTANCE OR CORE FOREST LANDS.

Certificates shall not be required for (1) fuel cells built within the state with a generating capacity of two hundred HB5608fifty /kilowatts Fileor No.less, or (2) fuel cells built out of state with a generating capacity of ten kilowatts or less.

125Any 1facility HB5608with Filerespect 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.

1255608 fiftyconditions kilowattscontained ortherein. 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 conditions contained therein.

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 HB5608decommissioning /of Filesuch facility and the restoration of such prime farmland, including, but not limited to, an inspection by a qualified soil Public Act No.

12523-163 2 HB5608of File3 House Bill No.

1255608 decommissioningscientist or other agricultural soils professional to assess and assure that the soils of such facility.prime farmland are restored and will be suitable for farming.

ThisSuch actan assessment shall takeinclude, effectbut asneed followsnot be limited to, consideration of topsoil and shallsubsoil amenddepths, thesoil followingcompaction, sections:alteration in surface and subsurface drainage, erosion and sedimentation control measures and soil fertility.

SectionApproved 1June from29, passage2023 16-50k(a)Public ENVAct Joint Favorable HB5608 / File No.

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125 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

None Municipal Impact:

None Explanation The bill would require businesses to provide a removal bond to the state for the removal of photovoltaic solar facilities.

The legislation does not obligate the state to any additional action.

The Out Years State Impact:

None Municipal Impact:

None HB5608 / File No.

125 4 HB5608 File No.

125 OLR Bill Analysis HB 5608 AN ACT CONCERNING CERTAIN SOLAR PHOTOVOLTAIC FACILITIES LOCATED ON PRIME FARMLAND, FARMLAND OF STATE-WIDE IMPORTANCE OR CORE FOREST LANDS.

SUMMARY This bill prohibits the Connecticut Siting Council from approving a solar photovoltaic facility of at least two-megawatt capacity on prime farmland or core forest without the project applicant providing a bond to cover the facility’s decommissioning costs.

A decommissioning bond is a way to secure payment for removing an abandoned solar panel system and remediating the land.

By law, “prime farmland” means soils defined by the U.S.

Department of Agriculture as best suited to produce food, feed, forage, fiber, and oilseed crops.

In general, these lands have an adequate and dependable water supply, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content, and few or no rocks.

“Core forest” is unfragmented forest land that is at least feet from the boundary between forest land and non-forest land, as determined by the energy and environmental protection commissioner (CGS § 16a-3k, citing to 7 C.F.R.

§ 657.5).

The Connecticut SitingCouncilisanindependent body that regulates the siting of power facilities, transmission lines, and telecommunication facilities.

Its decisions must follow guidelines set in law.

EFFECTIVE DATE:

Upon passage COMMITTEE ACTION Environment Committee Joint Favorable Yea 32 Nay 0 (03/03/2023) HB5608 / File No.

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