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Committee approves bill to require EPD certification of solar decommissioning assurances
Summary
The House Energy, Utilities & Telecommunications Committee voted to pass HB 249, which would require the Georgia Environmental Protection Division to certify that financial assurances for decommissioning utility-scale solar on leased land are in place before construction begins.
The House Energy, Utilities & Telecommunications Committee on Tuesday voted to pass House Bill 249, requiring the Georgia Environmental Protection Division to certify that decommissioning financial assurances are valid before construction of leased, utility-scale solar facilities begins.
Representative Kevin Dickey, the bill's sponsor, told the committee the measure builds on last year’s HB 300 — the solar technology trust fund law — and is intended to provide ‘‘a little bit more assurance’’ that facilities will be cleaned up at the end of their useful life. "If this bill looks familiar, it is," Dickey said, adding that HB 249 "is built upon Trey Kelly's HB 300" and that the bill does not expand or contract HB 300 but “lays right on top of there.”
Dickey said HB 300 required financial assurances but included no mechanism to verify those instruments were actually in place. HB 249 would require the Environmental Protection Division (EPD) to provide a certification to the grantee that a solar facility agreement complies with the law and that the necessary financial instruments — bonds or insurance policies — are in place. Dickey told the committee EPD would have 30 days to review the documentation to avoid delaying projects.
A committee member asked whether the bill applies only to leased land or to all land. Dickey said HB 300 and HB 249 apply only to leased land; he explained the thought behind that limitation was the expectation that owners of purchased property would be better positioned to provide for cleanup. "The thought is that if it's on land owned by an entity, that they would have incentive and ... the wherewithal to have the financial to clean it up," Dickey said.
Dickey also said the committee is considering a related bill that would require solar panels be sent to recycling facilities rather than landfills. He said HB 249 does not change the scope established under HB 300, but adds a verification step administered by EPD prior to construction.
Committee members moved to "do pass" HB 249; the motion was seconded and the bill passed by voice vote. The committee clerk said the committee will substitute to the House rules process and move the bill forward as LC 550500S.
The bill’s provisions and the committee’s discussion focused on three points: ensuring financial instruments are verified before construction on leased land; preserving landowners from cleanup liability; and encouraging downstream recycling for panels and component materials, a subject Dickey said will be addressed in a separate bill.
HB 249 will now proceed through the House rules and calendar process for consideration by the full House.
