Solar Energy Use

Solar Energy Use does not require enabling legislation for development and implementation to occur. However, certain legislation, such as permitting, Third-Party Solar Power Purchase Agreements, Net Metering, or setting Portfolio Standards can incentivize its use. The Database of State Incentives for Renewables & Efficiency (DSIRE) publishes detailed, state-by-state maps of current solar legislation, policies, and renewable portfolio goals which affect the value of solar development. The National Conference of State Legislatures (NCSL) also maintains a list of states' enabling statutes, codes, or orders for Renewable Portfolio Standards.

In addition, Federal statutes and regulations govern the use and management of the highway right-of-way. The Federal statutes and regulations most applicable to accommodating renewable energy-generating technologies and alternative fuel infrastructure in the right-of-way are listed in the table.

Below are links to legislation regarding Solar Energy Use.

Last Updated: 06/20/19

Solar Energy Use Legislation
Federal Statute or Regulation Citation
Real Property 49 CFR § 18.31
Agreements Relating to Use of and Access to Rights-of-Way-Interstate System 23 U.S.C. § 111
Utilities - Accommodation of Utilities 23 CFR § 645, Subpart B
Right-of-Way and Real Estate 23 CFR § 710
Safety Rest Areas 23 CFR § 752.5