House Energy and Digital Infrastructure committee finds amendment delaying parts of H710 unfavorable in 7–2 straw poll

The House Energy and Digital Infrastructure committee on May 27 found unfavorable by a 7–2 straw poll an amendment from Representative Bert that would have delayed parts of H710, a bill that updates the definition of a solar “plant.” The committee’s recommendation leaves H710 largely scheduled to take effect on July 1, 2026, with the amendment proposing sections one and two instead take effect July 1, 2028.

Ellen Taikowski, of the Office of Legislative Counsel, told the committee that the amendment “is amending just the effective date section, section 6. It would be striking out the existing effective date section and replacing it with this new language,” and that the change would push the bill’s definition and related legislative intent two years later. Taikowski warned members that delaying the legislative-intent section while keeping other parts in force would leave that intent “floating in the air” because the intent is tied specifically to the new definition in section one.

Representative Bert said she introduced the amendment because she is “concerned about going ahead with single plant the way it is written in 710 currently,” arguing the Public Utility Commission (PUC) needs additional tools to determine whether expanded solar arrays are appropriate on farmland. Bert told members she would prefer the PUC have “one or two more tools” to evaluate siting on agricultural land before the new single-plant definition becomes effective.

Committee members pressed both sides on the process that produced the proposed definition. One member noted the PUC held a workshop with about 15 stakeholders — including state agencies, solar developers and environmental groups — and that the language before the committee emerged from that collaborative process. Members also discussed data and timing; the Department of Public Service, the PUC and the Agency of Agriculture said they could provide additional statistics by January to better quantify how much agricultural land is affected by solar siting proposals.

Members debated the scale of the farmland impact. A committee member cited testimony from the Farmland Trust saying that over the last seven years roughly 20,000 acres were lost primarily to low-density residential development, and that projections to 2040 estimated about 41,000 acres could be lost to residential development versus about 1,200 acres to solar — an argument offered to place solar’s effect in a broader land-use context.

Supporters of H710 said the bill is a narrow, targeted fix that clarifies decommissioning requirements and prevents retroactive application of the new definition. One proponent said the bill aims to reduce unnecessary additional infrastructure when developers expand adjacent arrays — a change intended to conserve land and lower costs passed on to ratepayers.

After discussion, a member moved to find Representative Bert’s amendment unfavorable and the committee took a straw poll. The chair reported the result as 7 to 2 in favor of finding the amendment unfavorable. The bill was expected to appear on the floor later that evening.

The committee did not take a formal roll-call floor vote on the amendment during this meeting; the straw poll reflects committee sentiment and the measure’s sponsor and staff will follow next procedural steps.