An Act To Ensure Decommissioning of Solar Energy Developments
Maine Legislature, Session 130, LD 0802
Committee: Environment and Natural Resources
Sponsors: BLACK

Legislative Document
No. 802
S.P. 113
In Senate, March 5, 2021
An Act To Ensure Decommissioning of Solar Energy Developments
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204.
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BLACK of Franklin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA c. 34-D is enacted to read:
CHAPTER 34-D
SOLAR ENERGY DEVELOPMENT DECOMMISSIONING
§3491. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Decommissioning.  "Decommissioning" means the physical removal of all 
components of a solar energy development, including but not limited to solar panels and 
associated anchoring systems and foundations to a depth of at least 24 inches and other 
structures, buildings, roads, cables, electrical components or associated facilities and 
foundations to a depth of at least 24 inches, to the extent the components of the 
development are not otherwise in or proposed to be placed in productive use. 
"Decommissioning" includes the grading and revegetation of all earth disturbed during 
construction and decommissioning, except for areas already restored.
2.  Environmental permitting entity.  "Environmental permitting entity" means:
A.  The Department of Environmental Protection in the case of a solar energy 
development:
(1)  Located wholly or partly outside of the unorganized and deorganized areas; or
(2)  Subject to the department's jurisdiction pursuant to Title 38, chapter 3, 
subchapter 1, article 6; or
B.  The Maine Land Use Planning Commission in the case of a solar energy 
development located wholly in the unorganized and deorganized areas and not subject 
to the jurisdiction of the Department of Environmental Protection pursuant to Title 38, 
chapter 3, subchapter 1, article 6.
3.  Farmland.  "Farmland" has the same meaning as in Title 36, section 1102, 
subsection 4.
4.  Transfer of ownership.  "Transfer of ownership" means a change in the legal entity 
that owns or operates a solar energy development.  A sale or exchange of stock or 
membership interests or a merger is not a transfer of ownership as long as the legal entity 
that owns or operates the solar energy development remains the same.
5.  Unorganized and deorganized areas.  "Unorganized and deorganized areas" has 
the same meaning as in Title 12, section 682, subsection 1.
§3492. Prohibition
A person may not construct, cause to be constructed or operate a solar energy 
development with ground-mounted solar panels occupying 3 or more acres without first 
obtaining approval of a decommissioning plan from the environmental permitting entity 
under section 3495.
§3493.  Transfer of ownership
Upon a transfer of ownership of a solar energy development subject to a 
decommissioning plan approved under section 3495, a person that transfers ownership of 
the development remains jointly and severally liable for implementation of the plan until 
the environmental permitting entity approves transfer of the decommissioning plan to the 
new owner or operator.
§3494.  Decommissioning plan
A decommissioning plan must:
1.  Decommissioning.  Provide for the decommissioning of a solar energy development 
to a depth of at least 24 inches;
2.  Farmland.  For any portion of a solar energy development located on land classified 
as farmland any time within 5 years preceding the start of construction of the development, 
provide for the decommissioning of that portion of the solar energy development to a depth 
of at least 48 inches and for the restoration of the farmland sufficient to support resumption 
of farming or agricultural activities;
3.  Grading and revegetation of earth.  Provide for the grading and revegetation of 
all earth disturbed during construction and decommissioning, except for areas already 
restored; and
4.  Financial capacity.  Include demonstration of current and future financial capacity, 
which must be unaffected by the owner's or operator's future financial condition, to fully 
fund decommissioning in accordance with an approved decommissioning plan under this 
chapter.
§3495.  Standards
An environmental permitting entity shall approve a decommissioning plan whenever it 
finds the following:
1.  Successful decommissioning.  The plan, if implemented, will result in successful 
decommissioning of the solar energy development, including the restoration of farmland 
sufficient to support resumption of farming or agricultural activities;
2.  Financial assurance.  The person identified in the plan as responsible for 
decommissioning demonstrates financial assurance, in the form of a performance bond, 
surety bond, irrevocable letter of credit or other form of financial assurance acceptable to 
the environmental permitting entity, for the total cost of decommissioning; and
3.  Update.  The plan requires the financial assurance be updated no less frequently 
than every 5 years.
Sec. 2.  Application.  This Act applies to a solar energy development on which 
construction begins on or after October 1, 2021 and to any other solar energy development 
that undergoes a transfer of ownership on or after October 1, 2021.
SUMMARY
This bill requires a person to obtain approval of a decommissioning plan from the 
Department of Environmental Protection or from the Maine Land Use Planning 
Commission in the case of a solar energy development located in the unorganized and 
deorganized areas before constructing or operating a solar energy development with 
ground-mounted solar panels occupying 3 or more acres.