Subcommittee advances bill requiring pre-certification for solar decommissioning; 10-day window lengthened to 30

A House Energy, Utilities & Telecommunications subcommittee advanced House Bill 249 as amended, requiring a pre-installation certification that a solar panel facility agreement contains financial assurance for decommissioning and assigning the Georgia Environmental Protection Division (EPD) a role in reviewing those assurances.

Chairman Robert Dickey presented the bill to the special subcommittee convened to consider solar decommissioning legislation, saying the measure "adds another layer of assurance" to last year’s legislation and is intended to prevent the state or private landowners from shouldering cleanup costs decades after a project reaches end-of-life. Dickey said he has been in contact with EPD about the division serving as the entity that would review documents before construction and at other points during a project's life.

The core requirement in HB 249, as presented, would require submission of a fully executed solar panel facility agreement or a written modification of such an agreement to the division for certification prior to installation. During discussion, members focused on the proposed review timeline. The bill initially required the division to issue or refuse certification within 10 days of receiving a complete submission. Committee members and staff raised concerns that 10 days was likely too short for review.

Legislative staff proposed and read an amendment that changes the review window from 10 to 30 days and adds a new paragraph providing that "if the division fails to grant or refuse to grant a certification requirement ... within 30 days of receiving a fully executed solar panel facility agreement or written modification of such agreement, then the division shall be deemed to have granted such certification." The amendment was read aloud by legislative counsel Nick and was moved on the floor by Chairman Victor Anderson; the committee adopted the amendment without further objection.

After adopting the amendment, the subcommittee voted to pass HB 249 as amended and refer it to the full committee. The subcommittee conducted the vote by voice; committee members indicated the measure passed and the chair announced it would move to the full committee.

The discussion distinguished between the bill's procedural requirement—obtaining certification before installation—and practical concerns about processing time and developer delays. Committee members asked staff to clarify whether the 30-day period would be calendar days and discussed adding language to avoid holding up installations when the division did not act promptly. The adopted amendment explicitly addresses that concern by making certification "deemed granted" if the division does not act within 30 days.

No public commenters were recorded in the transcript during the subcommittee's discussion. The committee did not specify any future reporting or enforcement steps beyond the certification process and did not provide a detailed enforcement mechanism in the hearing; members noted that EPD already handles cleanup responsibilities for other types of environmental sites, and that informed the selection of EPD as the reviewer. The bill advances to the full committee for further consideration.