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Commissioners hear hours of pro and con testimony on NextEra’s Persica solar project and vote to table the conditional-use appeal for 30 days

2349330 · February 10, 2025
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Summary

Wagoner County commissioners paused action on NextEra’s conditional‑use appeal for the Persica solar project after a multi‑hour public hearing featuring dozens of speakers and voted unanimously to table the item for 30 days while staff and the applicant supply additional documents.

Wagoner County commissioners paused action on NextEra’s conditional-use appeal for the Persica solar project after a multihour public hearing featuring dozens of pro- and anti-project speakers and detailed staff comment. The board voted unanimously to table the request for 30 days and asked staff and the company to provide additional documents and clarifications.

The meeting included standing-room public testimony both for and against the project. Supporters described the project as a property-rights exercise and pointed to potential local benefits: Jerry Walker, a retired educator, urged commissioners to consider “industrial taxes” as a long-term boon for school funding and said local schools and students would benefit; other proponents, including landowners who signed leases, said the project would produce revenue (project proponents referenced a 30‑year payment stream and an estimated $31 million in tax revenue spread over contract life) and improved roads and local hiring during construction.

Opponents raised questions about environmental review, wildlife and the accuracy of application answers. Speakers cited concerns including possible "polarized light" impacts on insects and birds, effects on bats and bald eagles, missing or nonpublic environmental studies and a lack of independent decommissioning escrow. Darren Blanchard and others referenced 50 C.F.R. § 17.3 and endangered-species concerns for the northern long‑eared bat. Julian Davis and others said they had not seen an independent environmental impact study and asked that the county obtain independent reviews before acting. Multiple residents expressed concern about long-term decommissioning, potential impacts on well water and the local rural character, and whether electricity from the project would serve Wagner County residents.

County staff and speakers addressed taxation and valuation. Wagoner County Assessor Sandy Hodges told the board the land under panels would be valued commercially for ad valorem purposes (not at agricultural rates), that equipment would be billed as business personal property and that the project did not appear to qualify for the state’s 5-year manufacturing exemption. Hodges confirmed she was not aware of any TIF (tax increment financing) for the project and that equipment and real property are assessed separately: “We would value that at a commercial value,” she said.

Speakers also debated noise, property values and whether state legislation might alter how such projects are regulated. Several residents requested that the county delay a decision until bills pending in the state legislature were resolved; other speakers argued legislation is uncertain and should not delay the county’s decision. Some speakers urged the county to consult federal agencies: the FAA for flight-safety issues and the U.S. Fish and Wildlife Service regarding protected species.

NextEra representatives said they had completed technical studies (company consultants produced a glint/glare memo and other materials) and that the project would not include on-site battery storage in this application. A company environmental representative said independent consultants had not found evidence that a ‘‘lake-effect’’ glint problem in the Desert Southwest would be relevant in the project area and that the firm had a technical memorandum to that effect. Cody Bing, identified as environmental staff from NextEra, said the independent consultant found “there's no documented evidence of any fatalities directly because of, lake effect.” Project team members also said the company would propose a road-use agreement and insurance coverage for convective storms and other damage; a company official said construction and asset insurance would be in place for the project from start of construction through decommissioning.

Commissioners asked for additional detail across several areas before rendering a final decision: final copies of environmental/habitat reports, any FAA communications or required filings, confirmation about whether battery storage will be added in the future and decommissioning escrow language or bonds. The board asked NextEra to provide insurance certificates, haul-route plans and the technical memoranda cited by the company. The county planning staff confirmed an internal 250-foot setback guideline is used from residences as a design reference though no county ordinance established that figure; county planning staff noted the national electrical code and typical 10-foot equipment setbacks for electrical infrastructure.

After hearing testimony and staff comments, the board voted unanimously to table the conditional-use appeal for 30 days to allow staff and the applicant to produce the requested documents and to give commissioners time to review. The roll call showed unanimous ayes. Commissioners said they would schedule the item to return to the agenda after the 30-day period or when they determine they have sufficient documentation to continue deliberation.

Ending: The county asked NextEra to provide requested documents (insurance certificate, glint/glare and habitat reports, FAA communications, haul-route plans and decommissioning funding assurances). The commission set a 30‑day hold and said it will reconvene the matter after staff and the applicant supply the additional materials.