Chapter 381
2024 -- S 2808 SUBSTITUTE A
Enacted 06/26/2024

A N   A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- SOLAR DECOMMISSIONING PLANS

Introduced By: Senators Valverde, Tikoian, LaMountain, Kallman, Britto, Gu, DiMario, and Miller

Date Introduced: March 22, 2024

It is enacted by the General Assembly as follows:
     SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND
CARRIERS" is hereby amended by adding thereto the following chapter:
CHAPTER 3335
SOLAR DECOMMISSIONING PLANS
     39-3335-1. Definitions.
     When used in this chapter, these terms shall have the following meanings:
     (1) "Decommissioning" means:
     (i) The physical removal of all components of a solar photovoltaic system including, but
not limited to, solar panels and associated anchoring systems and foundations, and other structures,
buildings, roads, fences, cables, electrical components or associated facilities and foundations, to
the extent the components of the system are not otherwise in, or proposed to be placed in,
productive use;
     (ii) Stabilization and/or revegetation of the site as necessary to minimize erosion and in
compliance with all state and local laws; and
     (iii) Disposal of all solid and hazardous waste in accordance with federal, state, and local
laws, regulations, and ordinances.
     (2) "Department" means the Rhode Island department of environmental management;.
     (3) "Ground-mounted solar system" means a solar electric system that is structurally
mounted on the ground and is not roof-mounted;.and
     (4) "Office" means the Rhode Island office of energy resources.
     39-3335-2. Decommissioning plan required.
     The developer of any ground-mounted solar system shall, at the time they apply for
required permits from the municipality of jurisdiction, submit a plan for decommissioning to
include an estimate of the financial cost of implementing the plan. The municipality shall be
required to keep the decommissioning plan on file; provided that, doing so does not make the
municipality responsible for its implementation. Each municipality may require the developer to
post a performance bond to cover the cost of its decommissioning plan.
     39-3335-3. Technical assistance.
     The department, in consultation with the office, shall make publicly available model
decommissioning plans and shall provide technical assistance to municipalities and developers of
ground-mounted solar systems regarding the creation of the decommissioning plans required by
this chapter.
     39-3335-4. Existing ordinances.
     This chapter shall not be construed to override or modify any existing municipal ordinance
relating to the decommissioning of ground-mounted solar systems or other renewable energy
systems.
     SECTION 2. This act shall take effect on January 1, 2025.
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LC004344/SUB A
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