Tazewell County adds safety-data requirement to large-scale solar siting rules

The Tazewell County Board of Supervisors voted June 3 to amend its solar energy facility siting ordinance to require companies building large-scale projects to provide material safety data sheets (MSDS) and product safety data sheets (PSDS) for any prior or current facilities under their corporate umbrella and to forward those documents to the sheriff's office and county administration.

The change was introduced by Chase Collins, the county attorney, during a public hearing on the ordinance. Collins told the board the requirement would help first responders and the county evaluate environmental and emergency risks if incidents occur near waterways or populated areas. "Each solar energy provider is required to maintain material safety data sheets and product safety data sheets under federal law," Collins said while reading the draft language to the board. He added that the county sought documents "for all prior and current large scale solar energy facilities in applicant's possession or in the possession of applicant's parent companies."

Supporters on the board said the requirement would not ban projects but would increase transparency for local emergency planning and environmental protection. Board members discussed whether federal preemption could limit the county's authority; County staff and the county attorney said the language ties the request to federal statutes so companies that do have the documents must produce them, and the board can require disclosure as part of a siting agreement. "If they complain that federal law preempts us," Collins said, "they can raise that defense, but most providers will already have the documents in their possession."

After the public hearing and a brief exchange about where the sheets should be stored, the board voted to adopt the amended language and to include a condition that the MSDS/PSDS be provided to the sheriff's office and county administration and kept on-site or produced within a set timeframe upon request.

The board's action modifies the list of application materials required by Section 19 of the county's solar ordinance and was adopted as a revision to the ordinance. County staff said the amendment will apply to siting agreements going forward and that the planning commission will continue to review siting materials under the revised standard.

The measure was passed after a public hearing in which members of the public and supervisors asked about enforcement, on-site availability for first responders, and retroactivity for already-permitted projects. The county attorney advised the board the change would apply going forward from the date of adoption; the board did not promise retroactive collection for projects already approved where applicable federal law did not require the documents.