A Senate committee in Ohio will take up a proposal Tuesday to give townships unprecedented control over wind and solar location decisions.
The latest version of Senate Law 52 would prevent wind or solar companies from applying for construction projects unless the municipalities set up an “energy development district” first. As early as 50 people in the smallest townships could force a referendum in the districts, and local authorities could veto projects even after approval by the Ohio Power Siting Board.
Fossil fuels, nuclear power plants and other energy projects would not be affected by the legislation, which has a companion version in the State House.
Clean energy advocates, already alarmed before the bill’s recent changes, say the uncertainty and additional requirements would create a de facto utility-scale ban on wind and solar in most parts of the state.
“There’s just no reason you’d invest in Ohio if this bill passes,” said Jane Harf, executive director of Green Energy Ohio.
The legislation, which would also expand the setbacks in property boundaries for wind and solar projects, was heard several times in both chambers. The wind setbacks in Ohio are already among the severest in the country.
According to the proposals, developers are not allowed to file applications with the Ohio Power Siting Board until a community has established a special district that allows wind and solar projects.
After that, 8% of voters could force a referendum on the decision, creating more uncertainty and months of additional delay.
“It’s essentially a popularity contest,” said Rebecca Campbell, manager, market development for First Solar, headquartered in Ohio. “There is no other state in the country where this process can stop renewable energies.”
A community board of trustees could at some point decide that a particular project is not in the public interest before the state has issued a certificate of completion. The determination of the local church would then be binding on the Ohio Power Siting Board.
“This allows trustees to effectively terminate a project at any time until a certificate is issued,” said Jason Rafeld, executive director of the Columbus-based Utility Scale Solar Energy Coalition.
Companies will have spent millions of dollars along the way, Campbell said. The substitute billing language could apply to projects that have already spent large amounts on submitting pending applications. Provisions could also be triggered if certain changes were required during construction, she noted.
SB 52 co-sponsor Senator Rob McColley, a Napoleon Republican who chairs the Energy and Public Utilities Committee, requested that the Ohio Power Siting Board be the trustees of the community regarding the requirements of the law of public Should defer interest entirely. In support, he cited comments from the confirmation hearing by OPSB chairman Jenifer French that the board had no guidance.
Rafeld, a former chief of staff for the Ohio Public Utilities Commission who is also very familiar with the activities of the site committee, disagreed: “The OPSB staff are particularly well trained. You are hard-working. They check everything. “Few similar regulators in the country” have this caliber of staff, “he said.
The voting members of the Ohio Power Siting Board are also experts appointed by the governor and approved by the Ohio Senate, Campbell said. McColley’s comment, however, suggests that “they don’t have the resources to decide whether these projects belong in Ohio,” she said. “If I were the OPSB, it would offend me.”
Against renewable energies
“It really feels like this bill was specifically designed to harm our industry,” said Campbell.
The attempt to put the townships in a position to block wind and solar projects comes from the fact that the legislature is debating at the same time whether the authority should be removed from the cities in order to adopt measures to reduce the consumption of fossil fuels. Not only can local governments not ban natural gas activities, but efforts have been made to regulate them through zoning. And the upcoming SB 201 replacement would prevent local governments from restricting the use of natural gas and propane – a move designed to block local resolutions to move to 100% clean energy.
“These bills highlight renewable energy from all other forms of power generation in Ohio, and expose wind and sun to additional processes and local control,” said Miranda Leppla, vice president of energy policy for the Ohio Environmental Council Action Fund, of community legislation.
Critics say the proposal, if adopted, threatens to undermine clean energy job growth in the state as the federal government prepares to invest heavily in the sector.
First Solar employs approximately 1,500 people at its two plants in northwest Ohio – more than the total number of direct jobs at both FirstEnergy Solutions plants that receive subsidies under the state’s scandalous HB 6 law.
An Ohio University report released last fall found that the growth of the solar industry in the state over several decades could support between 18,000 and 54,000 jobs during project build. This is independent of any additional jobs that could come from new wind projects.
“The Biden government is quick to tackle the effects of climate change by expanding renewable energy sources,” Leppla told Ensure Ohio is able to tackle the worst effects of climate change. ”
The sponsors and co-sponsors of both bills are all Republicans, who control both state legislatures – although not all Republicans support the proposals. Rep. Laura Lanese, R-Grove City, criticized the earlier version as a threat to the state’s business environment.
Another Conservative former gubernatorial candidate, Travis Irvine, testified against the bill last week on behalf of the Libertarian Party of Ohio.
“The passage of SB 52 would potentially send companies investing in facilities – and all related jobs and economic development money – to neighboring countries,” said Irvine. “And while I know some lawmakers were okay with sending Ohio Interestpayers’ money to Indiana on HB 6, I’d say this situation is different and we don’t want these potential businesses and jobs going anywhere else and leave Ohio behind. “
The Ohio Senate will hold its fifth hearing on the bill at 4:00 p.m. Tuesday. The note refers to the possibility of further changes. Industry insiders believe the committee could have the bill ready for a full Senate vote within the next week or two.
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