Growing Solar: How to Accelerate Local, Responsible, and Equitable Solar Solar Growing Pains: Land Use & Interconnection Shannon Souza, P.E. Board member/ Policy Chair, Oregon Solar Energy Industry Association Principal, Sol Coast Companies Oregon Institute of Technology Klamath Falls October 18, 2019
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Growing Solar: How to Accelerate Local, Responsible, and Equitable Solar
Solar Growing Pains:Land Use & Interconnection
Shannon Souza, P.E.Board member/ Policy Chair, Oregon Solar Energy Industry Association
Principal, Sol Coast Companies
Oregon Institute of TechnologyKlamath Falls October 18, 2019
Sol Coast CompaniesSupporting strategic growth, responsible development and sustainable coastal living since 2003.
Shannon Souza, PE CWRE
Photo by Matte Hanna https://www.facebook.com/matthewhanna
Water Rights
Professional Engineering
Low Impact Development Storm Water
Integrated Energy Design & Assessment
Distributed Renewable Energy Generation & Storage
What is the Oregon Solar Energy Industries Association (OSEIA)?
Founded in 1981
OSEIA is a trade organization with over 80 corporate, non profit and private members representing Oregon’s solar plus energy storage industry in all solar markets.
OSEIA promotes clean, renewable solar plus storage policy, continuing education for existing workforce
(BTW: 100% Renewable Portfolio Standards WA & CA = replacing coal, nuclear, natural gas & petroleum sources)
Solar Growing Pains: Land Use
Solar Siting in Oregon – lay of the land
State Solar Siting Challenges
EFSC Updates per HB 2329
DLCD Rulemaking
County Solar Siting Opportunities
Next Steps: OSIEA priorities
HB2329 Adjusted Factors Defining Jurisdiction for Solar land use determinations
High Value(Class I-IV Soils)
Arable(Class V+ Soils)
Non-Arable(Class V+ Soils)
State: Energy Facility Siting Council (EFSC) pre HB2329
>100 Acres(approx. 16 MW)
>100 Acres(approx. 16 MW)
>320 Acres(approx. 50 MW)
EFSC per HB2329
>160 Acres(approx. 22 MW)
>1,280 Acres(approx. 200 MW)
>1,920 Acres(approx. 300 MW)
Under Oregon’s comprehensive land use laws, cities and counties have exclusive jurisdiction to issue land use approval for all manner of uses
except prisons and energy facilities over a certain size.
Land Use via EFSC
Land Use Application Processes
Application Pathway
Typical Time Frame Typical Cost Scope of Review
EFSC Pathway 1.5 - 4 years $2 – $4,000,000 • Based on highest potential impact technology
• Inflexible
Local Pathway 5 – 8 months $50 – $80,000 • Statewide Land Use Goals (as implemented by local planning)
• Tailored by local as applicable to use & technology
Oregon Statewide Land Use Planning Goals
Adopted in 1970s to protect working farms and forests
Goal 13 – Energy Conservation (does not, currently, specifically include Renewable Energy Generation)Goal 5 - Natural resources (wetlands, wildlife, cultural and historic resources)
Most non-Ag uses are not allowed on land zoned for farm use (no subdivisions, industrial uses…)Most of the land not in economic production in Central and Eastern Oregon is zoned
Exclusive Farm Use (EFU), even if there is no current farm use on the property.
Community and Utility solar projects under the acreage thresholds can be allowed as conditional uses.
County planning commissions tasked with balancing multiple goals for a net benefit.
Solar Policy Growing Pains
Land Use @ Dept. of Land Conservation & Development 2019: Amendment of Solar Siting Rules (OAR 660-033-0130)
Solar Ban on Class I, II, Prime and Unique Soils
• Shift from “High Value Farmland” to specific soil types within the “high value farmland” umbrella
• Dual use pathway valid for 3 years
• Dual use only in counties with a “Dual Use Development Plan”
Impacts to Community SolarDepartment of Land Conservation & Development
• Community Solar requires projects to be in same service territory as customers
• Vast Majority of Willamette Valley prohibited from solar development
• Higher administrative burden expected for remaining projects
Conditional Use Permits issued by County Planning Departments
• All Counties apply State administrative rules for siting solar in exclusive farm use zones
• All Counties have specific conditional use criteria
• All Counties are different
• Some Counties have developed specific criteria for Renewable Energy generation projects
Typical Conditional Use Permit Considerations
Statewide Land Use Planning GoalsEmergency management plansNoxious weed control plansErosion controlWildlife (ODFW) overlay and mitigationWetlands and riparian zonesCultural/historic (SHIPO) resource evaluationAirport issuesSite layout and design FencingDecommissioning plan and bonding
Side Issues: Ownership - Potential for land partition if intent to purchase landsTransmission corridor included in the acreage calculationsTransmission Easements
Conditional Use Permits issued by County Planning Departments
• Notice to neighboring property owners
• Hearing – generally before Planning Commission
• Opportunity for appeal (by applicant, neighbors and agencies)
• Conditions of approval – timing varies – some prior to ground breaking; prior to building permits
• Conditional use generally valid for 4 years
2018/2019 County Level Solar Planning Developments
Yamhill CountyBan on new solar applications on High Value Farmland
Marion CountyMoratorium on new solar applications on High Value FarmlandPublic process underway to revise zoning codes
Klamath CountyInitiated definition of specific criteria for permitting Solar Power Generating Projects
Solar Policy Growing Pains
Interconnection w/ the Investor Owned Utilities
Solar Policy Growing Pains
Interconnection
Solar Policy DevelopmentsInterconnection via Investor Owned Utilities
Oregon Public Utility Commission (PUC)
Solar Policy DevelopmentsInterconnection
Solar Policy DevelopmentsInterconnection
Relevant Open Dockets @ the PUCUM 1930 – Implementation of Community Solar
UM 2001 – Interconnection Transparency on PURPA projects
Underlying Concerns of Distributed Energy Developers & Community Solar proponents:• Backlog of Interconnection Studies• Dispute of Findings – Upgrade Requirements• Availability of Information
Solar Policy Developments
InterconnectionUM 2001 PUC Staff Recommendations to improve interconnection data transparency:
Interim measures:• PGE & Idaho Power, post interconnection queue & study reports• Make publicly available distribution system information• Report interconnection milestones• Improve Data Access to Developers:
Streamlined Interconnections Process:• Community Solar Project queue• Allow for preemptive cost sharing• RFI for 3rd party interconnection study review services• Eligible if all interconnected and requested generation in the local area is < 100% of minimum
daytime load “MDL”• Limit Interconnection Study to:
• “local area” = distribution circuit, substation, transformer & sub-transmission line associated feeder
• Scope comparable to Energy Resource (ER)
Solar Policy Alleviating the Growing Pains
OpportunitiesLocal
• Renewable Energy Project Siting Criteria
Solution: Support and engage in the development of county level siting criteria that accommodate net benefits to local communities with criteria applicable to RE technology
(ex: Prineville Energy Facility Siting Summit)
• Include Renewable Energy in our state’s land use goals
Solution: Add Renewable Energy to Statewide Planning Goal 13 (Energy Conservation)
LS2021 Revisit: HB 2322, 2019 (Rep. Helm and Rep. Marsh)
State
• Reconsider 2019 Amendment of Solar Siting Rules (OAR 660-033-0130)
Solution: Collaborate with stakeholders for 2021 legislative action to return flexibility to local planning commissions.
Solar Policy Alleviating the Growing Pains
OpportunitiesPUC
• UM 1930 Public Meeting 10/29 – Track and Engage (streaming and dial in options available) http://oregonpuc.granicus.com/GeneratedAgendaViewer.php?view_id=2&event_id=398
Form local Coalitions• Community Solar Proponents, Irrigation Districts, Elected Officials, County Planners, Ag Community
Join OSEIA
• Help us leverage support for solar plus storage through state and local policy development.
• State solar plus storage rebate expanded funding with rural targets
• SPIRE (State Preparedness & Incident Response Equipment) to include solar plus storage
• Expansion o f Public Purpose Charge
• Update of Net Metering
• Extend the Federal ITC
Oregon Solar Energy Industries Associationwww.OSEIA.org