County Regulating And Facilitating Solar, Wind Projects

The San Bernardino County Board of Supervisors this week instituted a requirement that state and federal agencies engaged in the permitting of renewable energy projects must incorporate the county’s standards in the language of those entitlements.
The board took the action in the face of a burgeoning number of solar and wind projects in the High Desert on federal lands. Previously, the county had no land use authority on property controlled by the federal government.
Renewable energy advocates and electrical industry representatives said the county’s attempt to layer further regulations on such projects would be counterproductive and threaten the creation of employment opportunities such projects represent.
According to county administrative officer Greg Devereaux, “Many of the myriad of renewable energy projects being proposed in the desert regions of our county… are large, utility scale endeavors that will be built on federally-owned land, obviating the need for compliance with local land use regulations while creating impacts on county infrastructure and services with no clear mitigation mechanism.
“San Bernardino County supports renewable energy and looks forward to the positive economic impact the development of these projects will bring to our local economy,” Devereaux continued. “The proliferation of utility scale and smaller energy projects in the Mojave Desert portions of our county have caused careful evaluation and consideration of the appropriate mitigation measures that are needed to protect the environment, future development, and the economy of our region. Projects fall into three general categories:
“1. Solar thermal projects producing less than 50 Megawatts (MW) , and all wind energy and solar photovoltaic projects on private land are completely within the county’s land use jurisdiction.
“2. Projects on public land (typically BLM) fall under the jurisdiction of the applicable federal land owner. The County’s role in these cases is that of a cooperating agency. As such we are able to review and contribute to draft environmental documents before public distribution.
“3. Solar thermal energy projects producing 50 MW or greater, whether on private or public land, fall under the jurisdiction and procedures of the California Energy Commission (CEC) for permitting and environmental review. If on federal land, a joint permitting and environmental review is conducted with the applicable federal agency. The county may provide public comment or intervene, in which case it may participate in the evidentiary hearing proceedings with the ability to pursue legal action if necessary,” Deveraux said.
Later in the meeting the county demonstrated that it is not hostile to the development of solar energy projects outside of the Mojave Desert when it approved the issuance of up to $10,000,000 of tax-exempt revenue bonds to finance the construction of four solar energy facilities for SunEdison, LLC and/or related entities.
According to Gary McBride, one of the county’s deputy administrative officers, the bond issuance will allow “SunEdison, LLC, working with the California Statewide Communities Development Authority (CSCDA), to adopt a plan… to finance the construction of four solar energy projects. The four projects include installation of ground mounted photovoltaic panels at two locations at the Chino Institute for Men, one ground mounted installation at Patton State Hospital, and a roof mounted installation at the Kohl’s department store at 233 S. Mountain Ave. in the city of Upland.
“In order to issue the bonds as tax-exempt, the issuance must be approved by a governmental unit with elected representatives and jurisdiction over the area in which the project is to be financed; after that unit has conducted a public hearing following reasonable public notice,” McBride said.
“San Bernardino County is a member of the CSCDA and obligations of the CSCDA do not constitute debts, liabilities or obligations of members executing the agreement. Participation by the county in the CSCDA will not impact the county’s appropriation limits and will not constitute any type of indebtedness of the county,” McBride said.