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SECOND REGULAR SESSION
HOUSE BILL NO. 3073
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE VEIT .
5590H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 640, RSMo, by adding thereto one new section relating to utility-scale solar
projects, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 640, RSMo, is amended by adding thereto one new section, to be
2 known as section 640.1800, to read as follows:
640.1800. 1. For purposes of this section, the following terms mean:
2 (1) "Cessation of operations", occurs when a utility‑scale solar project has not
3 pr oduced power for a period of twelve months. This twelve‑month period shall not
4 include a period in which:
5 (a) The pr oject fails to pro duce power due to an event of forc e majeur e; or
6 (b) The owner has reta ined legal control of the pr oject's footprint and has
7 commenced r ebuilding the facility;
8 (2) "Department", the department of natural res ource s;
9 (3) "Expansion" or "expanded", adding two megawatts alternating curren t or
10 mor e of dir ectly connected solar energy generating capacity to the local or region al
11 electrical grid with the ability to deliver power to the electrical grid, or incr easing the
12 ability of the project to deliver power to the electrical grid by thirty‑five per cent,
13 whichever is larger;
14 (4) "Owner", the person or corporation who has assumed legal ownership of the
15 solar energy system thr ough the prov isions of a contract or other legally binding
16 transfer of ownership;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (5) "Photovoltaic module" or "PV module", the smallest nondivisible,
1 8 envir onmentally pr otected assembly of photovoltaic cells or other photovoltaic
1 9 collector technology and ancillary parts intended to generate electrical power under
20 sunlight, which is part of a utility‑scale solar pr oject;
21 (6) "Rebuild" or "r ebuilt", a utility‑scale solar pro ject for which mor e than fifty
22 per cent of the original photovoltaic modules have been repl aced with a differ ent type of
23 photovoltaic module or other fuel source and the project is deemed to be new for income
24 tax purposes;
25 (7) "Recycle", the pro cessing, including disassembling, dismantling, and
26 shr edding of photovoltaic modules or other equipment fr om utility‑scale solar
27 pr ojects, or their components, to reco ver a usable pro duct. "Recycle" does not
28 include any pr ocess that res ults in the incineration of such equipment. Photovoltaic
29 modules determined to be hazardous shall comply with applicable hazardous waste
30 r equir ements even when recycl ed;
31 (8) "Utility‑scale solar project ", a grou nd‑mounted photovoltaic, concentrating
32 photovoltaic, or concentrating solar power pr oject capable of generating two megawatts
33 alternating curren t or mor e dire ctly connected to the local or regi onal electrical grid
34 with the ability to deliver power to the electrical grid. A "utility‑scale solar pr oject":
35 (a) Includes the solar arrays, accessory buildings, battery storage facilities,
36 transmission facilities, and any other infrastructur e necessary for the operation of the
37 pr oject;
38 (b) Does not include re newable energy facilities owned or leased by a reta il
39 electric customer intended primarily for the customer's own use or to offset the
40 customer's own r etail electrical energy consumption at the pr emises or for net metering.
41 2. The owner of a utility‑scale solar pro ject shall be r esponsible for pr oper
42 decommissioning of the pr oject upon cessation of operations and res toration of the
43 pr operty in compliance with subdivision 4 of subsection 4 of this section, including all
44 associated costs, no later than one year following cessation of operations.
45 3. The owner shall notify the department within thirty days of cessation of
46 operations. Such notice shall include a detailed description of the steps to be taken to
47 pr operly decommission the pr oject and for res toration of the site.
48 4. At a minimum, an owner shall take all of the following steps in
4 9 decommissioning a pr oject:
50 (1) Disconnect the solar pr oject fro m the power grid;
51 (2) Remove all equipment fr om the solar pr oject, collect and ship equipment for
52 r euse, or recycle all of the components ther eof practicably capable of being recycl ed,
53 including the PV modules, the entire solar module racking system; abovegroun d
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54 electrical intercon nection and distribution cables that ar e no longer deemed necessary;
55 subsurface cable no longer deemed necessary; any metal fencing; electrical and
56 electr onic devices, including transformers and inverters; and energy storage system
57 batteries;
58 (3) Pr operly dispose of components that will not be shipped for r euse, are
59 incapable of being re cycled, and do not meet the definition of hazardous waste in:
60 (a) An industrial landfill; or
61 (b) A municipal solid waste landfill;
62
63 PV modules that meet the definition of hazardous waste shall comply with hazardous
64 waste r equir ements for recycli ng and disposal as applicable; and
65 (4) Restore the pr operty:
66 (a) As nearly as practicable to its condition before the utility‑scale solar pr oject
67 was sited; or
68 (b) T o an alternative condition agreed upon in a written contract or lease
69 agr eement between the landowner and the pro ject owner;
70
71 A copy of the agr eement signed by both parties shall be pro vided to the department
72 prior to decommissioning. The condition of the pro perty shall otherwise comply with
73 any applicable statutory requi rem ents, rules adopted ther eunder , and r equir ements in
74 local ordinance. Land that was clear ed of tr ees for the solar pro ject may be revegetat ed
75 or ref ores ted with seedlings.
76 5. The owner of a utility‑scale solar pr oject shall submit a decommissioning plan
77 to the department for appr oval, prior to starting energy product ion. The
7 8 decommissioning plan shall be pr epared , signed, and certified by an independent
79 licensed pr ofessional engineer , certified or licensed in this state, and shall contain all of
80 the following:
81 (1) The name, addr ess, and contact information for the owner of the project, and
82 name, addr ess, and contact information for the landowner of the prop erty on which the
83 pr oject is sited, if differ ent than the owner;
84 (2) A narrative description of how the decommissioning will be conducted,
85 including the decommissioning sequencing; the disposition of materials to be used upon
86 decommissioning, such as landfilling, reuse, or recycli ng of pr oject equipment, which
87 shall specifically delineate methods to be used for solid and hazardous waste; and a
88 schedule for completion of the decommissioning activities;
89 (3) Information on equipment prop osed to be salvaged, including estimated
90 salvage value of the equipment for the purpose of determining financial assurance;
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91 (4) Information on steps to be taken to restor e the prop erty in compliance with
92 subdivision (4) of subsection 4 of this section;
93 (5) A cost estimate for decommissioning the pr oject and re storation of the
94 pr operty in compliance with subdivision (4) of subsection 4 of this section; and
95 (6) The prop osed mechanism to satisfy the financial assurance r equir ements
96 established under subsection 6 of this section, including information on which legal
97 entity will establish the mechanism, when it will be established in accordance with the
98 r equir ements of this section, and how the department will access the funds fr om the
99 mechanism if needed.
100 6. (1) The owner of a utility‑scale solar pr oject shall establish financial
101 assurance in an amount acceptable to the department to ensure that sufficient funds ar e
102 available for decommissioning of the pro ject and r estoration of the prop erty in
103 compliance with subdivision (4) of subsection 4 of this section, even if the owner
104 becomes insolvent or ceases to re side, be incorporated, do business, or maintain assets in
105 this state. T o establish sufficient availability of funds under this section, the owner of a
106 utility‑scale solar project may use insurance; financial tests; third‑party guarantees by
107 persons who can pass the financial test; guarantees by corporate par ents who can pass
108 the financial test; irr evocable letters of cre dit, trusts, sur ety bonds, or any other
109 financial device; or any combination of the for egoing, shown to pro vide protecti on
110 equivalent to the financial pr otection that would be pr ovided by insurance if insurance
111 wer e the only mechanism used.
112 (2) Financial assurance shall be established by an owner of a utility‑scale solar
113 pr oject and maintained until such time as the pr oject is decommissioned and res toration
114 of the pr operty has been completed in compliance with this section. Documentation of
115 financial assurance established shall be submitted to the department at the time of
116 r egistration and at the time of re quir ed update every five years, as req uired by
117 subsection 7 of this section.
118 7. Each owner of a utility‑scale solar pr oject shall reg ister with the department
119 and update such registra tion every five years fr om the regi stration submission date, or
120 with a transfer of ownership, until the site is completely decommissioned. At the time of
121 r egistration or periodic r equir ed update requi red by the department, the owner shall
122 pr ovide all of the following information:
123 (1) Identification of the owner and any other legal entity that will be res ponsible
124 for decommissioning the pr oject and establishment of financial assurance, if applicable;
125 (2) A summary of pr oject equipment that will be subject to decommissioning
126 r equir ements under this section, including the location, size, number , and type of PV
127 modules, as well as identification of any per‑ and poly‑fluor oalkyl substances associated
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128 with the pro ject, and a determination as to whether the PV modules ar e likely to be
129 characterized as hazardous waste upon decommissioning. The hazardous waste
130 determination shall be made in compliance with rules adopted by the department or the
131 division of envir onmental quality;
132 (3) A summary of pr oject timeline, including actual or anticipated initiation and
133 completion of construction, initiation of operations, and expected service life of the
134 pr oject;
135 (4) Estimates of costs to decommission the project and re store the pro perty;
136 (5) A prop osed financial assurance mechanism to be used to meet the
137 r equir ements of this section, if applicable;
138 (6) Copies of any decommissioning plan executed, or documentation of financial
139 assurance established, pursuant to local government ordinance or agreement with a
140 landowner , prior to registr ation under this subsection;
141 (7) Any other information the department may req uire.
142 8. Existing utility‑scale solar pro jects operating befor e August 28, 2026, shall
143 have until December 31, 2027, to comply with the pr ovisions of this section.
144 9. The department shall notify the owner of the utility‑scale solar pr oject of any
145 modifications to the plan for decommissioning that ar e needed. The owner may appeal
146 a modification by the department of a plan for decommissioning within thirty days of
147 r eceiving notice of the modification to the plan, in the same manner as appeals are filed
148 fr om the department's decision or as pr escribed under the rules.
149 10. The public service commission shall develop and maintain a list of all
150 utility‑scale solar pr ojects operating within this state and shall pr ovide the department
151 with an updated list annually on or before July first of each year .
152 1 1. Nothing in this section shall be construed as limiting the authority of any
153 landowner to enter into an agr eement with an owner to lease prop erty on which a
154 utility‑scale solar project will be sited that expre ssly establishes req uire ments that are
155 mor e stringent than those set forth in this section for decommissioning and financial
156 assurance for utility‑scale solar pr ojects to be located on the landowner's pr operty .
157 12. The department shall collect r easonable fees fr om the owner of a utility‑scale
158 solar pr oject subject to the r equir ements of this section, at the time of r egistration. Any
159 fees that are collected by the department at the time of regi stration, periodic updates,
160 annual rep orting, or for meeting compliance re quir ements shall be established by rule,
161 and in accordance with this section. Fees collected under this subsection shall be
162 applied to the department's cost of administering the pr ogram.
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163 13. Information reg arding implementation of the requ irem ents of this section
164 shall be included in the appr opriate annual re port pr epar ed by the department under
165 chapter 640.
166 14. (1) If the owner of a utility-scale solar pr oject fails to comply with the
167 decommissioning plan or the financial assurances r equir ements under the pro visions of
168 this section or any rule or reg ulation pr omulgated by the department, the sur ety bond
169 or similar security posted by the owner to secure the owner's obligations under this
170 section shall be deemed forfeited. The attorney general shall institute a civil action in
171 any court of competent jurisdiction for forfeiture of the bond on behalf of the
172 department. The department shall use the security pro ceeds or moneys obtained fr om
173 the sur ety bond to pay for the decommissioning and res toration of the pr operty .
174 (2) Whenever it appears to the department that the owner has engaged in, or is
175 about to engage in, any acts or practices that have or will constitute a violation of this
176 section, or any rule or reg ulation pr omulgated ther eunder , the director may r equest the
177 county pr osecuting attorney or the attorney general to bring an action in the cir cuit
178 court for injunctive relie f to pr event such violation, or in the case of a violation
179 concerning the owner's failur e to comply with the decommissioning plan or financial
180 assurances, for the assessment of a penalty not to exceed one thousand two hundr ed
181 dollars per day , or part ther eof, or both, as the court deems prop er . In any such action,
182 the court may grant to the department such proh ibitory or mandatory injunctive relief
183 as the facts may warrant.
184 (3) The prev ailing party in any such action brou ght under subdivision (1) of this
185 subsection, or for injunctive relief instituted under subdivision (2) of this subsection,
186 shall be awarded costs and r easonable attorney's fees.
187 15. The department shall pr omulgate all necessary rules and regu lations for the
188 administration of this section and include the specific criteria set out in subsection 6 of
189 this section. Any rule or portion of a rule, as that term is defined in section 536.010, that
190 is cr eated under the authority delegated in this section shall become effective only if it
191 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
192 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
193 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
194 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
195 then the grant of rulemaking authority and any rule pro posed or adopted after August
196 28, 2026, shall be invalid and void.
197 16. (1) The rules promul gated under this section shall establish criteria to set the
198 amount of financial assurance req uire d for utility‑scale solar pr ojects as set forth in
199 subsection 4 of this section.
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200 (2) The rules shall include, at a minimum:
201 (a) The solar technology to be employed including, but not limited to, PV ,
202 concentrated photovoltaics, concentrated solar power , or other technology;
203 (b) The appr oximate number and size of PV modules included in the solar
204 arrays to be constructed;
205 (c) Any ancillary facilities to be constructed in association with the pr oject;
206 (d) The condition of the prop erty prior to construction of a utility‑scale solar
207 pr oject;
208 (e) The amount of acreage that would be impacted by the pr oposed project ; and
209 (f) Any other factors designed to enable establishment of adequate financial
210 assurance for decommissioning and res toration on a site‑by‑site basis.
211 (3) The department shall consider the salvage value of the pr oject's equipment in
212 establishing requi rem ents for financial assurance for a utility‑scale solar project.
213 (4) The rules shall requ ire periodic updates to be provi ded by owners with
214 r espect to financial assurance maintained.
215 (5) The rules shall addr ess the following matters:
216 (a) Requir ements for decommissioning plans, including re quir ed information,
217 and process es for submittal and rev iew of plans;
218 (b) Fees to be assessed at periodic updates or for annual compliance or rep orting
219 r equir ements; and
220 (c) Any other matter the department deems necessary .
✔
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