Solar Facilities

Added requirement for solar facilities over 2 megawatts on agricultural land to be properly decommissioned when they reach end-of-life, with counties able to adopt ordinances enforcing this.

Added requirement for solar facility owners to provide decommissioning cost updates every 5 years and allow counties to adjust financial assurance accordingly.

Added clear definitions for 'agricultural land' (land in agricultural comprehensive plans or agricultural zoning districts) and 'decommissioned' (removal of facility and return of land to agriculturally useful condition).

Added presumption that a solar facility has reached end-of-life if it fails to produce power for 12 months or is abandoned (no construction for 24 months during construction, or no reconstruction for 12 months after disaster).

Added authority for counties to take action to complete decommissioning if owners don't comply, including forfeiture of financial assurance, with 12 months to start and 24 months to complete decommissioning.

Added requirement for counties to require financial assurance (bond, letter of credit, guarantee, or other device) from solar facility owners to cover decommissioning costs.

Modified applicability to exclude sites that had solar facility applications submitted before July 1, 2021, and clarified that solar facilities are permitted uses in all agricultural land use categories and zoning districts.

Modified substation regulations to clarify that vegetated buffers beneath aerial access points may not be required to exceed 14 feet in mature height.