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Edgar County board briefs on new state energy bill, tables major action pending study sessions
Summary
A planning consultant on the phone told Edgar County officials the state Omnibus Energy Bill (referred to during the call as Senate Bill 25) would likely restrict unzoned counties' authority over standalone battery storage; the board agreed to hold study sessions on zoning and decommissioning before adopting new local ordinances.
Andrew “Andy” (on a conference call) told the Edgar County board that the state legislature passed an omnibus energy bill in late October that changes how counties can regulate wind, solar and standalone battery-storage facilities. "The state legislature in late October passed legislation that would have further refinement or restriction on wind and solar ordinances and also passed a siting bill in relation to battery storage," Andy said, noting the governor had not yet signed it but that a signature was likely.
Why it matters: Andy warned the board the bill may bar unzoned counties from regulating standalone battery-storage projects, effectively forcing counties that want regulatory control to adopt formal zoning. "If you're regulating battery storage, you have to be a zoned county," he said, and cautioned that adopting zoning can be done with a light regulatory touch but is a multi-step process with public hearings.
Board members pressed Andy on practical implications. He said counties could still regulate battery systems that are part of an on-site wind or solar project, but standalone commercial battery facilities—often located at substations or former power-plant sites—would likely fall under state siting standards unless a county adopts zoning. "You wouldn't have any oversight over them on the battery storage if they were doing a stand-alone project," Andy said, adding counties would lose the ability to require negotiated decommissioning agreements, road-use agreements or special-use permits for such projects.
Several board members raised decommissioning and emergency-response concerns. One member argued that batteries weighing in excess of 100,000 pounds pose long-term cleanup and safety questions if not properly decommissioned; others said those issues make local controls desirable. Andy said counties that choose to zone can tailor how broad or narrow that zoning is—some counties adopt basic, limited zoning that only covers batteries, wind and solar; others have comprehensive codes.
Next steps: The board agreed not to rush a vote on the wind or battery ordinances. Instead, members directed staff and board leaders to schedule study sessions and public hearings—aimed at giving residents an opportunity to comment and letting the board assemble maps, decommissioning language and other regulatory details—before any zoning or ordinance adoption. Andy offered to provide example county ordinances and a short list of similarly sized counties for the board to review.
The county did not take formal regulatory action in this meeting; members said they will revisit the topic after the governor signs the bill and after dedicated study sessions to consider zoning options and decommissioning standards.
