Sec. 605. Renewable energy right-of-way applications
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/bill/114/hr/3668/ih/section-605A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Applicants for rights-of-way for the development of solar energy facilities that have been terminated by the establishment of the Management Area shall be granted the right of first refusal to apply for replacement sites that— have not previously been encumbered by right-of-way applications; and are located within the Solar Energy Zones designated by the Solar Energy Programmatic Environmental Impact Statement of the Department of the Interior and the Department of Energy. To be eligible for a right of first refusal under subsection (a), an applicant shall have, on or before December 1, 2009— submitted an application for a right-of-way to the Bureau of Land Management; completed a plan of development to develop a solar energy facility on land within the Management Area; submitted cost recovery funds to the Bureau of Land Management to assist with the costs of processing the right-of-way application; successfully submitted an application for an interconnection agreement with an electrical grid operator that is registered with the North American Electric Reliability Corporation; and secured a power purchase agreement; or a financially and technically viable solar energy facility project, as determined by the Director of the Bureau of Land Management.
Each right-of-way for a replacement site granted under this section shall— authorize the same energy production at the replacement site as had been applied for at the site that had been the subject of the terminated application; and have— appropriate solar insolation and geotechnical attributes; and adequate access to existing transmission or feasible new transmission. Nothing in this section alters, affects, or displaces primary rights-of-way applications within the Solar Energy Study Areas unless the applications are otherwise altered, affected, or displaced as a result of the Solar Energy Programmatic Environmental Impact Statement of the Department of the Interior and the Department of Energy.
A right of first refusal granted under this section shall only be exercisable by the date that is 180 days after the date of enactment of this Act. The Secretary shall expedite the review of replacement site applications from eligible applicants, as described in subsection (b).