H130 - Energy Choice/Solar Decommissioning Requirements. (SL 2023-58)

Overview: S.L. 2023-58 does both of the following:

• Prohibits local governments from adopting any ordinance that prohibits connection, reconnection, modification, or expansion of an energy service based on the type or source of energy to be delivered to the end-user of the energy service.
• Requires owners of utility-scale solar projects to responsibly decommission the projects upon cessation of operations, and to establish financial assurance to cover the decommissioning.

This act became effective as follows:

• The requirements for decommissioning and registration established under Section 2(a) becomes effective November 1, 2025, and apply to utility scale solar projects constructed prior to or after that date.
• The requirements for submittal of a decommissioning plan and financial assurance established under Section 2(a) become effective November 1, 2025, and apply to:
• Utility scale solar projects for which applications for certificates of public convenience and necessity are pending or submitted on or after the effective date of the act.
• Utility scale solar projects in operation on the date the act became effective, only if the project is rebuilt or expanded after the effective date of the act.
• The remainder of the act became effective June 26, 2023.