Preserving The Environment, Open Spaces, Forests, Livability, and Wildlife Habitat Statute To Regulate Large Scale Solar Plants
| Model Bill Info | |
|---|---|
| Bill Title | Preserving The Environment, Open Spaces, Forests, Livability, and Wildlife Habitat Statute To Regulate Large Scale Solar Plants |
| Date Introduced | July 28, 2023 |
| Type | Model Policy |
| Status | Draft |
| Task Forces | Energy, Environment and Agriculture |
| Keywords | solar, environment |
Preserving The Environment, Open Spaces, Forests, Livability, and Wildlife Habitat Statute To Regulate Large Scale Solar Plants
SECTION 1. The legislature of [name of state] finds that:
(1) American families and industries depend upon reliable and affordable electricity for everyday life, from powering factories and homes to operating lifesaving medical equipment and maintaining comfortable climate control;
(2) affordable and reliable electricity is of major importance to the poor because they spend the largest percentage of their income on energy and are disproportionately harmed the most by high energy prices;
(3) electricity demand must be met with electricity supply at all times, or interruptions of service will result and could end in disastrous consequences such as a total grid failure that takes months to restore electric services;
(4) because solar energy is intermittent, it is crucial other “on demand” electricity sources continue operating to provide electricity when solar energy either diminishes in output or ceases completely;
(5) rising electricity prices and decreased reliability contribute to economic instability that fuel business closures, unemployment, and inflation;
(6) solar energy has yet to demonstrate its ability to provide baseload support to the U.S. grid, producing less than 3 percent of American electricity in 2022;
(7) large-scale industrial solar installations can impact the environment, requiring at least 11 square miles per 1,000 megawatts (MW) of generating capacity;
(8) solar energy, because of its variable output, requires five times more MW of capacity to be constructed compared to electricity generated by nuclear, natural gas, or coal-fired plants;
(9) because of the low density of solar energy, it will take 50 square miles to replace a single 1,000 MW nuclear power plant;
(10) the U.S. Department of Energy estimates that it will take thousands of square miles of solar panels to replace fossil fuel generated electricity and thousands more to meet future increased demand from electrification mandates;
(11) large scale solar installations heat the air above them by as much as 30°F during the day and the soil by 5°F at night, enough to alter local climate conditions and potentially impact nearby crops and other vegetation;
(12) solar panels are expensive to recycle, costing five to 10 times more than new panels, and are considered hazardous waste by the EPA;
(13) with visual camouflage, limitations placed on land use and environmental protections, the negative impact of industrial solar energy generation on greenspaces, habitats, wildlife, farms, and property values will be minimized:
SECTION 2. Definitions
A Solar Power Plant is a utility-scale commercial facility with a nameplate generating capacity in excess of one (1) Megawatt (MW) and converts sunlight into electricity for the primary purpose of wholesale or retail sales of generated electricity. They may include photovoltaics (PV), concentrating solar thermal devices (CST), or various experimental solar technologies.
SECTION 3. Location and Design Standards
All solar power plants shall comply with the following minimum regulations and design standards.
(1) Minimum Lot Size
(a) No concentrated solar thermal power plant shall be erected on any lot of less than 40 acres. No photovoltaic solar power plant shall be erected on any lot of less than five acres.
(2) Maximum Height
(a) The maximum height for all structures shall be established through the conditional use permit process, provided a structure height of 20 feet, or less shall always be permitted.
(3) Setbacks and Limits
(a) Solar power plant structures shall be set back from all property lines, public road rights-of-way, and intermittent waterways by at least 250 feet.
(b) Solar power plant structures shall be set back at least 500 feet from perennial rivers and streams. Soil erosion berms and landscaping shall be required for any waterway or wetland. The size and height of the erosion control shall be determined by the slope of surrounding land and projected runoff from the solar plant.
(c) Solar power plant structures must be located at least 1,500 feet from all residentially zoned lots, existing residences, planned residences, animal-dwelling structures, and lakes.
(d) The setback distance from sensitive natural resource areas, wildlife management areas, prairies, wetlands, forested areas, known archeological sites, and other significant public lands owned or managed natural resource areas and property or documented privately owned conservation easement protected natural areas shall be at least a half mile from property lines.
(e) Prime cropland and forests shall be avoided.
(f) Clear cutting forests, deforestation, filling in wetlands, or diverting rivers or streams are prohibited.
(g) Solar Power Plants shall be prohibited from habitats of any species of fish, wildlife, or plants protected under the Federal Endangered Species Act and from likely habitats of recovering species.
(h) Thermal Solar Power Plants shall be prohibited from areas documented as being used or occupied by bats. These include areas for hibernation, breeding or nursery grounds, critical migration corridors, and especially where colonies and feeding areas are known to exist.
(i) Thermal Solar Power Plants shall be prohibited in areas where bald eagles, condors, golden eagles, or other protected birds nest or have been documented to breed. No “Take” permits are allowed.
(j) Setbacks may be required as a result of the review process to mitigate the effects of noise and glare and to accommodate road or utility corridors, drainage pathways, and environmental or wildlife sensitive areas that are existing, planned, or designated.
(h) A Solar Power Plant is limited to an area no more than 1.2 miles in diameter measured from the farthest outside edges of the most distant solar panels in all directions. There shall be a four-mile green space for wildlife, cropland access, and land preservation between the nearest solar panel of the first Solar Power Plant to the nearest solar panel of the next Solar Power Plant.
In addition to preserving green space, this separation of facilities is intended to minimize the effects of Solar Power Plants’ heat island effect, which can increase temperatures by 30°F above the panels during the day and 5°F below the panels at night. This phenomenon has the potential to change local weather patterns.
(l) Within cities and villages, non-environmental setback requirements for Solar Power Plants may be waived by the local governing body.
(m) Cities and villages may prohibit Solar Power Plants within their borders or extraterritorial jurisdiction in order to preserve land use areas for current and future urban growth and development.
(n) Counties and towns may regulate or prohibit Solar Power Plants.
(o) Solar Power Plant permits may be denied on a case-by-case basis.
(p) Solar Power Plants must comply with local zoning regulations, conditions, and requirements. Local governments may place more restrictive conditions and zoning than those contained in this section. They shall not allow less restrictive conditions than those contained within this section.
(4) Noise
(a) An operating solar power plant shall not produce noise that exceeds any of the following limitations. Adequate setbacks shall be provided to comply with these limitations:
(i) 40 dBmax, as measured at the property line of any neighboring residentially zoned lot, residence, or animal dwelling;
(ii) 35 dBmax, as measured at property line any existing neighboring residentially zoned lot, residence, or animal dwelling; between the hours of 9:00 p.m. and 7:00 a.m.
(iii) 50 dBmax, as measured at the property lines of the project boundary, unless the owner of the affected property and the planning commission agree to a higher noise level.
(iv) Noise complaints shall be made in writing.
(5) Minimum Ground Clearance
(a) Shall be four feet to allow for vegetation or ground cover.
(b) The maximum height for a utility scale solar panel shall be 20 feet unless a special use permit is granted.
(6) Protecting the soil and landscape
(a) Native ground cover suitable to the soil and light conditions shall be used wherever possible to maintain the soil and prevent excessive runoff.
(b) Maintenance of noxious weeds is required. Failure to maintain proper ground cover and noxious weed control shall result in a $500 fine for each day in violation after notice. The owner has 30 days to mitigate any soil violations.
(7) Signal Interference
(a) The Applicant/Developer/Owner shall minimize and mitigate Electromagnetic Interference (EMI), also called Radio-Frequency Interference (RFI). This includes and is not limited to, radio, internet, telephone, cellular, wireless broadband, Doppler, television signals, or any EMI caused by the Solar Power Plant or its equipment.
(8) Visual Appearance
(a) Solar Power Plant buildings and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the facility into the existing environment.
(9) Site and development plans
(a) Must identify all existing and proposed structures; setbacks; access routes; proposed road improvements; any existing inhabitable structures and residentially zoned lots within a half mile of a photovoltaic solar project or one mile of a concentrated thermal solar project; existing utilities, pipelines, and transmission lines; proposed utility lines; utility and maintenance structures; existing topographic contours; existing and proposed drainage pathways; proposed grading; areas of natural vegetation removal; revegetation areas and methods with an emphasis on native plants; dust and erosion control; any floodplains or wetlands; and other relevant items identified by staff or the planning commission.
(10) Transportation Plan for Construction and Operation Phases must indicate by description and map what roads the project will utilize during the construction and operation/maintenance phases and describe their existing surfaces and condition.
(11) Fire Protection: All solar power plants shall have a defensible space for fire protection in accordance with the Fire Safety Code.
(12) Areas Avoided: The following areas shall be avoided: locations with a high potential for biological conflict such as wilderness study areas, areas of environmental concern, nature conservancies, parks, historic trails, special management areas or important wildlife habitats or corridors, visual corridors that are prominent scenic landscapes or seascapes, erodible slopes and soils, areas that are of concern for landslides or severe erosion or high storm runoff, and sensitive historical, cultural or archeological resources.
(13) Decommissioning Plan: A fund for decommissioning shall be established on the basis of reasonable projections of the cost to dismantle the plant and restore the site to its natural condition. Plant owners shall make annual contributions to an escrow account during the estimated life of the solar power plant so that the required funds are available at the end of the plant’s life for its removal and for restoration of the land.
(a) The amount of the annual contributions shall be adjusted every four years to account for changes in the cost of the decommissioning as a result of inflation, changes in cost estimates for removal and reclamation, and the balance of the fund at the time of this adjustment. The decommissioning plan shall be approved by ____ staff as a condition of the permit and shall be updated every four years as part of adjusting contributions to the fund.
SECTION 4. Permit Application and Review
(1) No person, commercial entity, or other organization shall construct a Solar Power Plant without first applying for and receiving a Solar Power Plant Construction Permit.
(2) An application for constructing a plant shall specify how the Location and Design Standards will be met.
(3) Site and development plans must identify all existing and proposed structures; setbacks; access routes; proposed road improvements; any existing inhabitable structures and residentially zoned lots within a half mile of a photovoltaic solar project or one mile of a concentrated thermal solar project; existing utilities, pipelines, and transmission lines; proposed utility lines; utility and maintenance structures; existing topographic contours; existing and proposed drainage pathways; proposed grading; areas of natural vegetation removal; revegetation areas and methods with an emphasis on native plants; dust and erosion control; any floodplains or wetlands; and other relevant items identified by staff or the planning commission.
SECTION 5. Severability.
Each section, paragraph, and portion of each paragraph of this Act is severable. If one or more sections, paragraphs, or portions of one or more paragraphs of this Act are held invalid on their face or as applied to particular facts, then the remaining portions and applications of the Act shall be given full effect to the greatest extent practicable.
SECTION 6. Applicability and Effective Date.
This Act applies [DATE].
