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Commissioners table solar ordinance after debate over local decommissioning bonds and state preemption
Summary
An emergency bill revising county rules for solar energy systems (Bill 2504) was tabled to the next meeting after commissioners raised questions about local bonding for decommissioning, state preemption for larger projects, and whether the county should seek immediate adoption or wait for a full board.
Worcester County commissioners on Sept. 16 tabled consideration of Bill 2504, a text amendment updating solar energy system regulations, after extended discussion about local decommissioning and bonding requirements and the limits of county authority relative to state law.
Planning staff described the package as aligning local definitions with state law, adding decommissioning and restoration-plan requirements and local bonding for major and utility-scale projects, modifying lot requirements, and adding a nuisance provision to the public health article for abandoned projects. Staff said the planning commission had amended the bill to enhance landscaping buffer provisions and to require decommissioning plans and bonding for projects of 200 kilowatts and greater.
Commissioner Bertino pressed staff on whether decommissioning bonds would be enforceable at the local level if state law later preempted the field. Planning staff said the decommissioning plan and bond “would be required locally” and that the county’s language attempts to protect local interests; staff acknowledged they could not guarantee future state action would not preempt local requirements. Staff also noted the state allows salvage value to be deducted from bond amounts while the county’s draft would include salvage costs in the bond calculation.
Because emergency enactment would require a higher threshold of votes than were present, and at the commissioners’ request, Commissioner Bertino moved to table the bill to the next meeting so the full board can consider it. Commissioner Fiore seconded the motion; the motion to table carried.
Key details: Planning staff said the draft requires decommissioning plans and bonds for any major system of 200 kW or greater, and that projects over 1 MW are generally preempted by state review. The package also adds a geotechnical report requirement before final inspection of a decommissioned site.
Next steps: The bill was tabled to a future meeting. Staff said two 2-megawatt projects in the pipeline in the Bishopville area would be affected if the bill becomes effective; tabling gives applicants and staff time to determine whether they can obtain signature-level approvals before a final adoption date and whether the county should pursue emergency enactment when more commissioners are present.
