Decommissioning of Ground-Mounted Solar Systems
Overview
In 2024, a state law (H 7426 Substitute A / S 2808 Substitute A) was enacted which requires the developers of ground-mounted solar systems to submit a decommissioning plan to the appropriate city or town at the same time that they apply for any required municipal permits. The decommissioning plan is required to include an implementation cost estimate and must describe how components of the solar system will be physically removed, how the site will be stabilized and/or revegetated, and how all solid and hazardous waste will be disposed of. The law sets a statewide minimum requirement for decommissioning and municipalities may enact more stringent requirements at their discretion.
Resources
Additional Resources
- Solar on Rhode Island Closed Landfills
- Ground-Mounted Solar Array Guidance for Freshwater Wetlands and Stormwater Construction Permitting
Frequently Asked Questions
Q: What must the decommissioning plan required by state law include?
A: The law states that the decommissioning plan must include address the physical removal of all components 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. Second, it must address stabilization and/or revegetation of the site as necessary to minimize erosion and in compliance with all state and local laws. Third, it must address disposal of all solid and hazardous waste in accordance with federal, state, and local laws, regulations, and ordinances. Finally, it must include an estimate of the financial cost of implementing the plan.
Q: Are decommissioning plans required for rooftop solar installations?
A: No, the law only requires decommissioning plans for ground-mounted solar systems. However, municipalities are free to enact their own requirements beyond state law.
Q: What is the city or town required to do with the decommissioning plan?
A: The law states that municipalities are required to keep the decommissioning plan on file for future reference.
Q: Does the state law override local ordinances?
A: No, the law includes a provision stating that it does not override or modify existing municipal ordinances.
Q: Are the elements of the decommissioning plan binding when the time comes to implement the plan?
A: No, the intent of the law is to ensure that decommissioning is being discussed early in the process, but it does not require that the plan be implemented exactly as outlined at submission.