House Amendment 1
H 3989 - Session 125 (2023-2024)
Solar, Agricultural, Farmland and Environmental Act

The Committee on Labor, Commerce and Industry proposes the following amendment (LC-3989.PH0004H):

Amend the bill, after the title but before the enacting words, by adding:

Whereas, the General Assembly intends to establish a process for reviewing and mitigating the use of high-value agricultural lands by photovoltaic energy facilities; and

Whereas, the applicability of the Utility Facility Siting and Environmental Protection Act to a proposed electric generating plant is based on its generating capacity and not the acreage of the proposed generating plant; and

Whereas, nothing in this act shall be construed to affect the definition of "Major Utility Facility" under the Utility Facility Siting and Environmental Protection Act. Now, therefore,

Amend the bill further, SECTION 1, by striking Section 58-33-530(A)(2) and (2) and inserting:

(1) No person shall commence to construct a photovoltaic energy facility on farmland without first having obtained a certificate issued with respect to that facility by the commission. The replacement of an existing photovoltaic energy facility with a like facility, as determined by the commission, shall not constitute construction of a photovoltaic energy facility. Any photovoltaic energy facility, with respect to which a certificate is required, shall be constructed, operated, and maintained in conformity with the certificate and any terms, conditions, and modifications contained therein. A certificate may only be issued pursuant to this article; provided, however, any authorization relating to a photovoltaic energy facility on farmland granted under other laws administered by the commission shall constitute a certificate if the requirements of this article have been complied with in the proceeding leading to the granting of such authorization.
  (2) All land that is taxable as agricultural land upon which an applicant seeks to construct a photovoltaic energy facility is considered farmland for purposes of this article unless and until the applicant has a determination in writing from the Clemson Extension that the land upon which it seeks to construct a photovoltaic energy facility is not farmland as defined in this article. A copy of all requests for a determination from the Clemson Extension as to whether land is farmland must be provided to the Regulatory Staff on the day on which the request is made. To the extent a person seeks to construct a photovoltaic energy facility on land that is determined by the Clemson Extension to not be farmland, it is not subject to the terms of this article.

Amend the bill further, SECTION 1, by deleting Section 58-33-600(D).

Amend the bill further, SECTION 1, by deleting Section 58-33-610.