Pennsylvania HB 1080: An Act amending Title 27 (Environmental Resources) of the Pennsylvania Consolidated Statutes, in environmental protection, providing for decommissioning of solar energy facilities.

Bill Text

PRINTER'S NO. 1198
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1080
Session of
2025
INTRODUCED BY STEELE, HILL-EVANS, PIELLI, GIRAL, GUENST, VENKAT,
NEILSON, SAPPEY, SANCHEZ AND KHAN, APRIL 1, 2025
REFERRED TO COMMITTEE ON ENERGY, APRIL 1, 2025
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, in environmental protection, providing
for decommissioning of solar energy facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 43
DECOMMISSIONING OF SOLAR ENERGY FACILITIES
Sec.
4301. Definitions.
4302. Decommissioning requirements in solar energy facility
agreements.
4303. Financial assurance requirements in solar energy facility
agreements.
4304. Form and content of decommissioning plans.
4305. Prevention of forced labor.
4306. Preemption of local ordinances and regulations.
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4307. Applicability.
§ 4301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commencement of construction." The moment when a grantee
issues a full notice to proceed order to the construction
contractor.
"Decommissioning plan." A document on file with the county
recorder of deeds detailing the steps that will be taken to
decommission a solar energy facility and the amount, form and
timing of financial assurance.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Grantee." The owner of a solar energy facility on leased
property.
"Professional engineer." As defined in section 2(e) of the
act of May 23, 1945 (P.L.913, No.367), known as the Engineer,
Land Surveyor and Geologist Registration Law.
"Solar energy facility." The development or construction of
a facility that utilizes solar energy to produce or distribute
energy.
"Solar energy facility agreement." A lease agreement between
a grantee and a surface property owner that authorizes the
grantee to operate a solar energy facility on leased property.
§ 4302. Decommissioning requirements in solar energy facility
agreements.
A solar energy facility agreement executed after the
effective date of this section shall provide that the grantee is
responsible for decommissioning the grantee's solar energy
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facility on the surface property owner's property in accordance
with this chapter no later than 18 months after the facility has
ceased producing electricity, except for an instance when the
grantee is actively working to recommence production of
electricity, including an instance after the occurrence of a
force majeure or similar event.
§ 4303. Financial assurance requirements in solar energy
facility agreements.
(a) Proof of financial assurance.--A grantee who executes a
solar energy facility agreement on or after the effective date
of this subsection shall provide a decommissioning plan, submit
proof of financial assurance to the county recorder of deeds and
provide notice to the surface property owner party to the solar
energy facility agreement. The financial assurance shall conform
to the requirements of this chapter to secure the performance of
the grantee's obligation to decommission the grantee's solar
energy facility. If the grantee does not fulfill the grantee's
obligation to decommission the solar energy facility, the
financial assurance shall be made payable to the surface
property owner.
(b) Amount of financial assurance.--The amount of financial
assurance shall be equal to the estimated cost to decommission
the solar energy facility. The amount of financial assurance
shall be calculated and updated every five years by a third-
party professional engineer retained by the grantee from a list
of professional engineers compiled by the department and
published on the department's publicly accessible Internet
website.
(c) Delivery.--A grantee shall deliver a decommissioning
plan and proof of financial assurance to the county recorder of
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deeds in accordance with the following:
(1) No later than 30 days before the commencement of
construction of the solar energy facility, the grantee shall
provide the decommissioning plan and proof of financial
assurance to the county recorder of deeds in an amount equal
to 10% of the estimated cost of decommissioning as determined
by a third-party professional engineer.
(2) On or before the fifth anniversary of the
commencement of construction of the solar energy facility,
the grantee shall provide an updated decommissioning plan and
proof of financial assurance to the county recorder of deeds
in an amount equal to 10% of the estimated cost of
decommissionin