Connecticut SB 316: AN ACT CONCERNING THE TESTING OF SOILS AT CERTAIN SOLAR FACILITIES.

Bill Text

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General Assembly  
Substitute Bill No. 316  
February Session, 2026 
 
 
 
 
 
AN ACT CONCERNING THE TESTING OF SOILS AT CERTAIN SOLAR 
FACILITIES.  
Be  it  enacted  by  the  Senate  and  House  of Representatives  in  General 
Assembly convened: 
 
Section  1.  (NEW)  (Effective October  1,  2026)  Notwithstanding  any 1 
provision  of  chapter  277a  of  the  general  statutes,  any  applicant  for  a 2 
certificate, or petitioner for a declaratory ruling, pursuant to section 16-3 
50k  of  the  general  statutes,  for  a  solar  photovoltaic  facility  with  a 4 
capacity of two or more megawatts shall cause a soil test to be conducted 5 
at  the  proposed  location  for  such  facility  to  determine  the  presence  of 6 
contaminants, including, but not limited to, degraded heavy metals and 7 
toxic   substances   such   as   cadmium,   lead,   arsenic   and   zinc.   The 8 
Department of Energy and Environmental Protection shall prescribe the 9 
parameters and requirements of such soil test and the results of such soil 10 
test  shall  be  submitted  by  the  applicant  or  petitioner,  as  applicable,  to 11 
the Siting Council and to the Department of Energy and Environmental 12 
Protection  prior  to  the  issuance  of  any  such  certificate  or  declaratory 13 
ruling and in accordance with any procedures established by the Siting 14 
Council  and  department  for  submission  of  such  soil  test  results.  Not 15 
earlier  than  two  years  after  the  construction  of  any  such  facility,  the 16 
owner or operator of such facility shall cause a second such soil test to 17 
be conducted at the location of such facility. Such second soil test shall 18 
determine   the   presence   of   the   same   contaminants   tested   for   in 19 

Substitute Bill No. 316 
 
 
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connection  with  the  application  for  a  certificate  or  petition  for  a 20 
declaratory ruling for such facility, as applicable. Such second soil test 21 
shall be conducted in accordance with the parameters and requirements 22 
prescribed  by  the  department  for  such  second  soil  test.  The  results  of 23 
such second soil test shall be submitted by the owner or operator of such 24 
facility to the Siting Council and the department in accordance with any 25 
procedures established by the Siting Council and the department for the 26 
submission  of  such  second  soil  test  results.  The  cost  of  any  soil  test 27 
conducted  pursuant  to  the  provisions  of this section  shall  be  assumed 28 
by such respective applicant, petitioner, owner or operator. 29 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 
October 1, 2026 
New section 
 
ENV Joint Favorable Subst.  
APP Joint Favorable