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

& workforce development.

Rapidly Maturing Market = Regulatory Growing Pains

Rapidly DevelopingRegional Energy Market

(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:

• Feeder data; nameplate capacity, age, existing interconnected distributed energy resources, previous studies

• Substation data; nameplate capacity, age, existing interconnected distributed energy resources, previous studies

• Summary of available studies (OASIS) for projects of similar size in same geographic location

Establish implementation data work group:• Summary report to Commission January 2020

https://www.oasis.oati.com/woa/docs/PPW/PPWdocs/pacificorplgiaq.htm

Solar Policy DevelopmentsInterconnection

UM 1930 Staff Recommendations

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