Environmental and Energy Law Update
        A blog from the attorneys of Verrill

        New Maine Law Regarding Decommissioning for Solar Projects

        by Juliet T. Browne on September 29, 2021

        Maine’s new solar decommissioning law takes effect October 18 and applies to projects that have not commenced construction by October 1, 2021. The law requires solar projects that occupy an area of three or more acres to have a DEP (or LUPC if LUPC is the permitting entity) approved decommissioning plan in place prior to start of construction (unless construction began prior to October 1, 2021, in which case the project is grandfathered). It also applies to the transfer in the legal ownership of a project that occurs after October 1, 2021, but a transfer of ownership does not include the sale of membership interests, stock etc. in the project entity.

        For projects that have a Site Location of Development Act (SLODA) permit, the decommissioning plan is approved as part of that process. If a project did not require SLODA approval, however, then the project needs to file a separate application for approval of a decommissioning plan and provide financial assurance to cover decommissioning costs. Because this is a required DEP approval it must be applied for and the application must be deemed complete for processing by December 31, 2021, in order to satisfy the recently enacted Net Energy Billing grandfathering criteria .The DEP has developed an application form for this new decommissioning requirement and there will be an associated $500 application fee once the new law takes effect. The approval will require submission of financial assurance prior to the start of construction.

        There is a slight change in the new requirements from what DEP has typically required as part of SLODA that is important to note. First, the new law requires an update of financial assurance only at Year 15 and then every 5 years thereafter. Most SLODA permits require an update every 5 years. Second, if the project is located on land classified as “farmland” at any time five years prior to start of construction, then removal of structures to a depth of 48 inches or bedrock, whichever occurs first, must occur (as compared to 24 inches for projects in areas not classified as farmland), and the area must be restored sufficient to support resumption of farming or agricultural activities. These are not requirements of most existing SLODA approvals, so the DEP is going to implement a streamlined process for updating existing SLODA approvals to reflect these changes.

        If you have any questions regarding Maine’s new solar decommissioning law, please contact Juliet Browne.

        Environmental and Energy Law Update

        The Environmental and Energy Law Update blog provides an analysis and discussion of the most critical and timely legal issues and announcements in the environmental, natural resource, and energy sectors.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        Working 9 to 5? It’s a Way to Make a Livin’, so Make Sure You’re Payin’ for Every Minute: A Maine Employer’s Guide to Stacked Wage & Hour Rules

        Four decades after Dolly Parton gave us both the namesake anthem of the American workday and the film about three fed-up office workers’ dreams of...
        Alerts and Newsletters

        Can AI Pass the Doctor Test? FDA Considers Physician-Inspired Evaluation of GenAI Devices and Other Regulatory Measures

        AI is entering healthcare with indomitable will. It promises to increase efficiency, reduce administrative burden (which healthcare providers so...
        Press Releases

        Verrill Attorney Annabel Rodriguez Named Top Women of Law by Massachusetts Lawyers Weekly

        BOSTON, Massachusetts – Verrill attorney Annabel Rodriguez has been recognized as a Top Women of Law by Massachusetts Lawyers Weekly, and will be...
        Blog

        What Employee Benefits Lawyers Do (and How to Make the Best Use of Us)

        What do employee benefits lawyers do all day and how can clients make the best use of them? This post offers an overview of the kinds of things...
        Media Mentions

        Bloomberg Law Quotes Robert Keach on Expanded Access to Small Business Reorganization

        Verrill attorney Bob Keach was recently featured in Bloomberg Law, discussing legislation that would raise debt limits for bankruptcy relief and...
        Blog

        Phil Bartlett to Step Down as Chair of the Maine Public Utilities Commission

        On September 15, 2026, Governor Janet Mills announced that Phil Bartlett will step down as Chair of the Maine Public Utilities Commission (PUC)...
        Published Works

        Jay McCormack and Michael Fee Co-Author AHLA Article on Skin Substitute Enforcement Trends

        Verrill Partners Jay McCormack and Michael Fee co-authored an article for the American Health Law Association's Fraud and Abuse Practice Group...
        Press Releases

        Verrill Welcomes Health Care & Life Sciences Attorney Elpida Velmahos

        BOSTON, Massachusetts – Verrill is pleased to announce that Elpida Velmahos has joined the firm’s Health Care & Life Sciences Group as an...
        Press Releases

        Verrill Welcomes Litigation & Trial Attorney Emma Pooler

        PORTLAND, Maine – Verrill is pleased to announce that Emma Pooler has joined the firm’s Litigation & Trial Group as an Associate, resident in...
        Published Works

        Four Verrill Attorneys Co-Author Massachusetts Trends and Developments Chapter for Chambers and Partners Child Relocation 2026 Guide

        Verrill attorneys Mary H. Schmidt, Rachel A. Deering, Hannah R. Zukoff, and Mariah G. Tappan co-authored the “Trends and Developments” chapter...
        Blog

        A New Protected Class in Maine: Holders of Final Protection Orders

        In the lead-up to Domestic Violence Awareness Month in October, employers may be taking a closer look at how their policies and practices respond to...
        Alerts and Newsletters

        Verrill Secures SJC Victory for Boston Legacy FC in White Stadium Litigation

        Verrill has secured a significant appellate victory for Boston Legacy FC in the litigation challenging the redevelopment of White Stadium in...