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Commissioners add names to proposed solar energy systems amendment; staff to refine decommissioning language
Summary
Worcester County commissioners signaled support for a text amendment on utility-scale solar that includes decommissioning bond language and related definitions; staff will draft more precise language, including possible restrictions or testing standards for 'soil cement' and consideration of battery storage.
Worcester County Commissioners indicated support Aug. 19 for a text amendment on solar energy systems that would add decommissioning requirements, align definitions with state law and revise the county’s utility review process. Commissioners signaled support by adding their names as sponsors; the transcript records no formal roll-call vote but shows multiple commissioners agreeing to be listed on the bill.
County planning staff presented the draft amendment and said they had added decommissioning language at the board’s request. Commissioners discussed bonding levels, whether the state or local jurisdiction can hold a decommissioning bond, and how to handle gaps if a bond proves insufficient at the time of decommissioning.
Planning staff said the bill requires an initial decommissioning estimate prepared by an independent, certified professional engineer, with evaluations every five years and a requirement for an updated estimate when decommissioning is triggered. The draft also establishes failure to decommission as a nuisance, allowing the county to call the bond and, if necessary, lien the property for excess expenses.
Commissioners raised additional topics they want addressed in the final text: whether local bonding is permissible or preempted by state law for larger systems, explicit treatment of battery energy storage systems (BESS) and whether soil-cement use should be prohibited or regulated to preserve future farmland viability. One commissioner asked staff to research testing standards for soil that would demonstrate restoration to farmable condition.
Why it matters
The amendment could change permitting requirements and financial assurances for solar projects in Worcester County, including how decommissioning is secured and enforced and how related components such as batteries are regulated. Commissioners asked for more precise language on bonding, timelines, inspection/testing standards and possible prohibitions on construction practices that permanently alter soil quality.
Ending
Staff will refine the bill language before public hearing; commissioners expect to return the amendment for formal introduction and public comment. The board instructed staff to prepare draft language on soil-cement and to research bonding authority and battery-storage treatment.
