Solar Developments Clean Land Act

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Policy Status

  • Type: Model Policy
  • Status: Draft

Issues

  • Environmental Stewardship

    • Task Forces

  • Energy, Environment and Agriculture

    • Tags

  • 2025 Annual Meeting

    • Summary

    This model requires the operator of a solar energy development to conduct testing for perfluoroalkyl and polyfluoroalkyl substances (PFAS), and toxic metals. PFAS and toxic metals contamination at the development site in accordance with rules adopted by the Department of Environmental Protection. If any contamination is discovered as a result of that testing, the department must issue a written determination as to whether the contamination was reasonably caused by the construction, operation, or components of the development. If the department determines that PFAS contamination was reasonably caused by the construction, operation or components of a solar energy development or wind energy development, the operator is responsible for mitigation of the contamination.
    Draft

    Solar Developments Clean Land Act

    Section 1. Definitions 

    • “PFAS” means perfluoroalkyl and polyfluoroalkyl substances.  
    • “Toxic metals” mean cadmium, lead, indium, and selenium. 
    • “Hydraulic fluid” means hydraulic and petroleum Lubricants. 
    • “Contaminants” mean PFAS, toxic metals, and hydraulic fluid. 
    • “Department” means the Department of Environmental Protection. 
    • “Operator” means the person operating a solar or wind energy development with the purpose of selling electricity. 
    • “Solar energy development” means a development that uses a solar energy system to convert solar energy to electrical energy for sale or use by a person other than the generator. 
    • “Solar energy development” includes generating facilities and associated facilities. 
    • “Wind energy development” includes generating facilities and associated facilities. 

    Section 2. Testing requirements for solar and and wind energy developments;  

    1. Solar and wind energy developments shall test various locations determined by rule. 
    2. the operator of a solar energy development shall conduct testing for PFAS and toxic metals contamination at the development site.  
    3. Wind energy development shall test soil at the base and within 100 yards of the base for lubricants, hydraulic fluids, and fiberglass.  

    Section 3: Scope 

    1. The department rules establish the requirements regarding the scope of testing to be conducted by the operator, including sampling and testing methods. The rules must require such testing to be conducted prior to development of a solar energy development or wind energy development, and every 3 years thereafter and when decommissioned; 
    2. Requirements for the operator to contract for a 3rd-party analysis of any PFAS and toxic metals contamination discovered through testing to assess extent of the contamination; 
    3. Requirements regarding documentation of testing and submission by the operator of testing results, the 3rd-party analysis if applicable and other information to the department; 

    Section 4: Evaluation 

    The department shall publish provisions outlining the process by which the department will evaluate any PFAS, hydraulic fluid, or toxic metal contamination discovered through testing at the development site.  

    Section 5: The rules 

    1. Shall require that, based on submitted testing and analysis and any other information available to the department, the department shall issue a written determination as to whether the contamination was reasonably caused by the construction, operation, or components of the development.  
    2. The department shall provide a copy of the determination to the operator of the development and to the commission and post a copy of the determination on the department’s publicly accessible website.  
    3. The costs of remediation of any contamination discovered through testing at the development site is the responsibility of the owner or operator of the development. 

    Section 6: Effect of determination; 

    Mitigation is required to cure contamination.  

    Section 7: Requirements and penalties 

    1. If the department determines in accordance with rules adopted pursuant to this section that contamination discovered at the site of a solar energy development or wind energy development was reasonably caused by the construction, operation or components of the development, the development no longer meets the eligibility requirements for any federal subsidies that require state approval, state subsidies or renewable portfolio standards until mitigation has taken place. 
    2. The mitigation shall be completed within six (6) months of department determination of responsibility. The operator is subject to $500 per day in fines retroactive to the determination of responsibility. Extensions may be given by the department for reasonable issues with mitigation.  

    Section 8. Severability  

    Each section, paragraph, and portion of each paragraph of this Act is severable. If one or more sections, paragraphs, or portions of one or more paragraphs of this Act are held invalid on their face or as applied to particular facts, then the remaining portions and applications of the Act shall be given full effect to the greatest extent practicable.  

    Section 9. Applicability and Effective Date 

    1. This Act applies to all solar energy developments and wind energy developments with contracts entered into, amended, or renewed after [DATE].