Linn County seeks input on draft of utility-scale solar policy

CEDAR RAPIDS — Linn County is seeking public feedback on recommendations from committees reviewing county code governing utility-scale solar projects before the Board of Supervisors considers any potential new solar applications.

Four renewable energy review committees have met over the last three months to make recommendations to the county planning and zoning commission about potential changes to the current solar ordinance. Planning and zoning would then vote whether to suggest changes to the supervisors.

Any potential changes would not apply to previously approved projects. Last year, the supervisors approved three controversial utility-grade solar installations — one near Coggon and two related ones near Palo.

The supervisors initially adopted a moratorium on new applications in October to last through Dec. 31, with the option to extend it up to three times through 2023 while the review is underway. They recently extended the moratorium through June, though it could expire earlier if a new code is adopted before then.

The previously approved projects — a 640-acre site near Coggon, developed by Idaho-based Clenera and the Central Iowa Power Cooperative, and a total of over 1,000 acres for two projects from NextEra near the decommissioned Duane Arnold Energy Center nuclear plant — remain underway and are not affected by the pause.

A Linn County District Court judge has dismissed a lawsuit neighbors filed against the Coggon project, which has not yet started work but is free to move forward. A similar lawsuit is pending against the Palo project, though NextEra is beginning preliminary work at the site and ramping up the number of workers on site this spring and summer.

The four committees are seeking public input on their final statements. A form to submit feedback is available on the Linn County website, at linncountyiowa.gov/1705/Renewable-Energy-Review-Committees, by May 5.

Here’s an overview of some the committees’ draft recommendations:

Good neighbor practices

The current property line setbacks of 50 feet are adequate to mitigate conflict between solar and land in agricultural use, but inadequate to mitigate conflict between solar and residential uses, according to a committee.

The group was split, though, on whether the conditional setbacks of 300 feet to occupied dwellings are sufficient and whether the measurement should be from the property line or the occupied dwelling.

County code should clearly outline a consistent baseline for screening and sound requirements, including for the construction process.

The ordinance also should encourage cooperation between applicants and adjacent landowners, such as requiring a pre-application communication plan, a committee recommended.

Additionally, supervisors should be mindful of balancing the trade-off utility-scale solar projects require between renewable energy production and agricultural production, the panel suggested.

Balancing agriculture and solar

A committee recommended the development of a solar project score card requiring a minimum score, prioritizing long-term soil health and encompassing the entire solar project area. The score would account for strategies to curb agricultural impact.

Required documentation should include plans for vegetative management; agricultural impact mitigation; wildlife/habitat assessment and mitigation; stormwater management and pollution prevention, as well as erosion and sediment control; woodland inventory, avoidance and mitigation to protect trees; and disaster management.

The solar applicant also should be required to submit an annual report regarding the effectiveness of vegetation, habitat, agricultural impact and stormwater management plans.

Battery energy storage systems

A battery energy storage system should not be included in the Renewable Energy Overlay zoning code but instead require a separate conditional use permit, even when included with solar or wind projects, a committee recommended.

Larger setbacks for the project are recommended for the safety of first responders, nearby residents and the public in case of an emergency such as a fire, or to mitigate noise generated by the project.

Steps also should be taken to protect the environment and public health, such as a hazard mitigation analysis to identify hazards and strategies to eliminate risk of a disaster as well as working with emergency responders and managers to develop emergency operations and response plans.

Life cycle costs

Linn County should include a decommissioning agreement with financial assurance for renewable energy developers, such as a surety bond, bank letter of credit and parent company guarantee. This agreement should identify the depth at which all underground equipment and wiring will be removed at the end of a project’s life cycle, with costs calculated accordingly.

The county should make a new determination of decommissioning costs every five years, performed at the facility owner’s/operator’s expense by a licensed Iowa engineer OK’d by the county. This effort may include changes in the regulatory environment, equipment modifications, market considerations and recycling/salvage technologies.

Additionally, the county should incorporate a definition of “abandonment” into its utility-scale solar code to signal when decommissioning should begin.

A county representative should also verify that the decommissioning has been completed to the county’s satisfaction.

Comments: (319) 398-8494; marissa.payne@thegazette.com