The Russell County Fiscal Court met in special session Wednesday morning to hear the first reading of a new solar energy systems ordinance.
The regulation covers several problem areas. Under the proposed ordinance, any company seeking to build a large-scale solar energy system would be required to apply for and obtain a Russell County Solar Energy System License.
The application would include, among other things, information about the company applying for the license, deeds and leases for participating properties and a list of adjacent property owners within 2,500 feet of the proposed solar project site.
The applications would be reviewed by the Tax Court and the court would make a recommendation as to whether the application should be approved or rejected. In case of rejection, the reason for the rejection must be stated.
The regulation also provides for the possibility for the tax court to set a fee for the examination and processing of applications. District Attorney Kevin Shearer told the court that they did not have to set a fee, but could later determine what that fee would be if they decided to set one.
Other key provisions of the proposed regulation include:
- A setback of at least 2,000 feet from a nonparticipating property line or publicly maintained road. Waterways were not included in the ordinance submitted to the court on Wednesday. Members of the audience brought this up and waterways could be included in the final ordinance before the second reading and vote.
- Access to the site would be controlled by a fence at least 8 feet high, with a vegetative landscape buffer provided between the fence and the property line. The fence must be equipped with a screen to protect the facilities and equipment from view.
- The lighting at the site must be directed downwards and designed to prevent light from entering.
- Every company must have a decommissioning plan and it must be updated at least every 5 years.
- The company must also require a bond to cover the costs of shutdown if the company defaults.
- The company must begin decommissioning no later than one year after the solar system stops generating electricity, and structures such as solar panels must be removed within six months after decommissioning begins.
- The chief judge can revoke the company's license if the company does not comply with the regulation. The lead judge would send a notice to the company and the company would have 90 days to correct the violations. Otherwise the license may be revoked.
- The regulation also regulates the transfer of the license. Some residents have expressed concerns that a company could start a solar project and then sell it to another company. These can often be sold multiple times. The ordinance states that a change in ownership would require the issuance of a modified license.
It should be noted that the first reading of the regulation took place on Wednesday and therefore no vote took place. Before the ordinance can take effect, a second reading and an approval vote are required.
The regulation can also be amended between the first and second reading. The second reading is expected to take place at the tax court meeting on November 10th.