A Public Hearing for proposed Local Law # 3-2016 regarding solar energy was held on July 7, 2016 at 7pm
PRESENT:
Supervisor Chipman Councilwoman Chachkin Councilwoman Fornino
Councilman Drabkin Councilman Spano Deputy Town Clerk Davis
Attorney Christiana

PLEDGE:

Supervisor Chipman opened the public meeting and led in the Pledge of Allegiance to the Flag.

PUBLIC COMMENTS:

Mike Baden and Steve Fornal submitted copies of their comments to the Board for the record along with a proposal that they worked on together; a version of the comprehensive solar energy law.

The law proposed tonight is before you because it was determined that beginning with small-scale while further investigations and conversations were had concerning large-scale, was the most effective direction for the Town Board to take. This small-scale solar law was moved forward to allow solar for residents own use, especially those with a desire to implement solar on a larger solar than the NYS Unified Solar Permit currently existing. Questions existed concerning large-scale solar company requirements while also protecting the health, safety, and welfare of the town and residents.
However since that time those discussions and investigations have occurred. The NY-Sun initiative has made public their recommendations for an all-inclusive solar law involving all aspects, both large and small-scale. This Board has held a workshop meeting discussion with a developer of large-scale solar projects and what was discovered within the discussion was the requirements contained in the committee’s original comprehensive offering, some of which were characterized as being too restrictive are, in fact, acceptable to developers. Much misinformation and board concerns were dispelled by the conversation. Also, Dr. Bob Somers of NYS AG & Markets has offered comments back to the Town Board expressing some very insightful recommendations on solar energy legislation.
Steve Fornal and I would like to present a version of a comprehensive solar energy law for your consideration as our comments. Now that the model law has been made public and the Town Board has met with a large-scale solar provider to answer questions, we believe it is essential that the Town Board abandon the small-scale code offering being considered tonight and instead immediately work to achieve a local law that encompasses all aspects of solar. Given the time frames spoken of by the large scale developer of 6 months to approval in order to achieve the financial benefits this seems to be the most logical path.
This proposal is composed of verbatim language from the local law being discussed this evening, the NYS model solar law, Dr. Somers comments, the original work of the ZRC and with consideration for the Rondout Valley Business Association comment letter. It is a simple, science and planning based proposal which we believe will work for all. In our proposal there will be 3 categories of solar use. Small-scale or onsite use of solar equipment will always be categorized as an accessory use, no matter the size, with no Planning Board involvement. Roof-mounted will always be an accessory use, whether for use onsite or offsite. Large-scale or offsite use of ground-mounted solar would require a Special use permit. And if a subdivision developer wanted to incorporate solar to service the development, the project would require site-plan approval. Bonding is eliminated with this proposal however the simple clerical requirement of registration and a decommissioning plan for large-scale solar projects is retained, because the town needs to be aware of the ownership of these sites as they are often sold as a commodity. The registration process has proven itself as working for telecommunications towers and the registration provision contained herein is modeled after that existing law.
I want to stress, there are our own individual comments, not the work of the Planning Board, ZBA, or Zoning Review Committee. I hope the Town Board will consider and discuss this proposal. Please ask either of us questions at any time. We would be happy to discuss.
Michael Baden & Steve Fornal

Steve Fornal added that the board continues to bring up financial assurance. There is no bond right now but the law needs to show financial responsibility. Mr. Fornal also asked that the board please take a good look at the proposal he and Mike Baden submitted, it’s a very good proposal!

Maren Lindstrom submitted comments to the board for the record;

I am writing to strongly appeal for some form of decommissioning prefunding/bonding for all commercial solar projects as presented in the proposed local law # 3-2016 amending Chapter 140-37 of the Town of Rochester Code regarding solar energy. Not simply a decommissioning plan, but pre-funded money in the town coffers.
The Town law change, as is written, allows fir relatively sizeable projects under 140-37 Section G ( Small scale solar energy systems), 4 ( Non- residential small scale energy systems) B
( ground mounted and free standing solar collectors). A 2000KW solar project could require 110 solar panels and cover a good deal of acreage, if I am not mistaken. The proposed non-Residential Small Scale Ground Mounted and free standing Energy Systems could/would be quite sizable and visible.
I believe that section J( abandonment and removal of energy systems) is woefully inadequate regarding non-residential solar systems, as it does not include prefunded decommissioning as a requirement of permitting. It leaves dangerously open the determination of true ownership of a solar project. As written, it shifts the financial and time burden associated with an abandonment/ removal onto the Town of Rochester, the Code Enforcement Officer, The Town Attorney and ultimately the Town Taxpayers who will shoulder the burden of remediation and removal via their increased tax assessments and decreased property values due to blight.
I am wholly in support of greater use of solar as well other low carbon power sources in the community. Yet it is the responsibility of the Town Board as elected representatives of their citizens to look forward and plan for the long term to mitigate the unintended negative consequences of great initial intentions. The Town of Rochester already has its fair share of blighted properties. Opening the door to add to this inventory does not appear to me to be a sage approach to town planning or regulation.

Ms. Lindstrom stated she is in total support for all residential solar. Solar is totally dependent on public policy which changes all the time & on technology which changes all the time & improves rapidly. Most of these solar companies are financing companies so you don’t know who the end owner is. We can end up with a lot of zombie solar properties so please depend on public policy!

Rick Jones; the Board needs to move quickly before things get ahead of themselves. “I don’t particularly care for the part that the Board is simply doing the small scale solar at this time. The Board has the competent enough to put together something that will; apply to larger situations for example large solar array, and make adjustments as need be. Not in favor of bonding because I look at it as a disincentive but does agree with the previous speaker on these “zombie solar properties” and still get tax rebates. In terms of bonding there is a problem with decommissioning & what is a decommissioned project? At what point should it be declared abandoned? And how do you start the decommissioning? We need to have something in place for instances like these.” Mr. Jones asked the Board not to impose a potential huge hurdle for anybody to jump over in terms of bonding. Furthermore Mr. Jone’s feels the Board should implement a fee schedule to insure any tax rebate are entitled to by State law that the Town re-coops some of that money so there is not a further disincentive of taxing the people of Rochester.

Lynn Archer strongly urged the Board to combine the plans. Looking at one verses the other is a mistake. “Why we are splitting it apart? It doesn’t make sense. Our biggest concern and biggest exposure is at the larger scale and I think it’s a mistake to not have it part of one law.”

Troy Dunn asked for clarification on the Mike Baden proposal as far as what is really meant? Is the Board backing off the proposed law presented and look at combining small scale and large scale solar into one complete law? What would happen to this proposed law that we are discussing this evening? Would it be incorporated in or would it be a whole new scrub?

Supervisor Chipman stated that’s a good question that the Board will have to discuss and decide. We could decide to keep the public hearing open and continue to amend the proposed law.

Troy Dunn stated if the board is going to back off and reincorporate new information then he would wait to say his peace because he doesn’t want to waste the Boards time especially if new information is added.

Supervisor Chipman stated that by law any major changes to be made to the proposed law must go back out to public hearing.

Troy Dunn asked if the Board is going to readdress this proposed law as a whole? He encourages the Board to look at this together and balance it well. “ There have been comments made in this room from Town officials that property owners rights have been “ poo-pooed” , that ship has sailed, and I just want the Board to know that it hasn’t sailed. Let’s not put the Town in a position that we have to defend our positions in court. Provide a balance of property owner’s rights collectively.”

Richard Travers asked the Board to consider having one combined law that separates small from large scale solar. Issue with bonding decommission of large scale solar can be very problematic because corporations can sis to exist, it can go bankrupt, sold off, so decommissioning becomes a problem and we don’t need solar junk yards.

Len Bernardo is concerned with property rights. Also start looking at the health issues. EMR for some people is a large issue. We don’t know what large farms are doing in that aspect. We know what high power lines are doing. Mr. Bernardo would like the board to look at Electric Magnetic Radiation. “I really believe the board should consider this.”

Mike Baden as Chairman of the Ulster County Planning Board the County planning Board met last night and this referral was discussed and you will be getting the official referral back next week but their two comments were; simplify and make it one law. The local Planning Board a letter with comments was submitted.

ADJORNMENT:

A Motion was made by Councilman Drabkin to keep the public hearing open and a date will be set at a later time.

Seconded by: Councilwoman Chachkin 5-0aye, motion carried