The Russell County Fiscal Court met in special session Wednesday morning to hear the first reading of a new ordinance regarding solar energy systems.
The ordinance covers multiple areas of concern. Under the proposed ordinance, any company looking to construct a large scale solar energy system would have to apply for and be granted a Russell County Solar Energy System License.
The application would include information about the company applying for the license, as well as deeds and lease agreements for participating properties and a list of adjoining property owners within 2,500 feet of the proposed footprint of the solar project, among other documents.
The applications would be reviewed by the fiscal court and the court would make a recommendation on whether the application should be approved or denied. If denied, the reason for the denial must be stated.
The ordinance also provides the option for the fiscal court to set a fee for the review and processing of applications. County Attorney Kevin Shearer told the court they did not have to set a fee, but could later determine what that fee would be if they chose to set one.
Some other key provisions within the proposed ordinance include:
- A setback no less than 2,000 feet from any non-participating property line or publicly-maintained roadway. Waterways were not included in the ordinance presented to the court on Wednesday. Members of the audience brought that up, and waterways could be added to 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 fencing and property line. The fence must be equipped with screening to shield the facilities and equipment from view.
- Lights at the site must be directed downward and be designed to avoid light trespass.
- Any company must have a decommissioning plan and it must be updated at least once every 5 years.
- The company must also require a surety instrument to cover the costs of decommissioning if the company defaults.
- The company must begin decommissioning no later than one year after the solar system has stopped generating electricity and structures like solar panels must be removed within 6 months of the beginning of decommissioning.
- The judge-executive can revoke the company’s license if the company fails to abide by the ordinance. The judge-executive would send a notice to the company, and the company would have 90 days to correct the violations. If they don’t, the license could be revoked.
- The ordinance also covers the transfer of the license. Some residents have expressed concern about a company coming in to start a solar project, then selling it off to another company. Oftentimes, these can be sold multiple times. The ordinance states that a change in ownership would require the issuance of an amended license.
It should be noted that Wednesday was the first reading of the ordinance, so no vote was taken. A second reading and a vote to approve the ordinance is required before it can take effect.
The ordinance can also be amended between the first reading and second reading. The second reading is expected to take place at the fiscal court meeting on November 10.
