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Malta workshop advances draft solar and battery-storage rules, presses decommissioning safeguards
Summary
Town staff and a consultant walked the board through draft solar and battery-storage codes (tiered definitions, setbacks, decommissioning plans and a 115% removal-fund requirement), while members raised concerns about visual impact, farmland loss, emergency response and enforcement; no decisions were made.
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Malta's town staff and consultant presented draft local rules intended to govern both battery energy storage and solar installations, emphasizing tiered definitions, decommissioning plans and financial assurances to prevent sites becoming long-term liabilities.
Bob Murphy, the consultant, outlined two battery-storage tiers for proposed local rules: tier 1 for smaller, on-site systems (at or below 600 kilowatt-hours) and tier 2 for larger installations that might deliver energy back to the grid. The draft addresses siting, lighting, vegetation screening, noise standards and requires decommissioning plans and a decommissioning fund or bond for larger facilities.
On solar, Murphy said the draft follows NYSERDA model language and breaks solar installations into four tiers (small roof-mounted systems under about 25 kilowatts up to large ground-mounted facilities that fall within state review authority). For larger solar and battery sites the draft requires a decommissioning fund (the consultant described a security equal to 115% of decommissioning cost estimates, verified by the town engineer) and regular updates (the draft calls for reviewing the fund estimate every five years).
Board members repeatedly voiced concern about the community and environmental impacts of large ground-mounted facilities. One member said they prefer local limits that would effectively prevent large solar fields near valued farmland, while others urged the town to adopt screening, view-shed analysis and sizable setbacks for any large sites. Several members also asked whether the town's emergency-response agencies would need special equipment and whether fire plans would require department review and potential equipment upgrades paid for by applicants.
Noise measurement and limits were discussed; the draft sets a 60-decibel exterior limit measured at the property perimeter. The board also raised practical liability questions: if an operator dissolves the LLC that holds a solar or battery site, is the town guaranteed access to decommissioning funds? Staff said the bond/letter-of-credit and escrow mechanism and town review of the decommissioning plan are designed to give the town recourse.
Members requested that staff map the few locations identified in prior work (near Rt. 67, the Tech Park and the border near Ballston Spa) so the board can visually "draw the circle" around areas where it is willing or unwilling to allow larger facilities. Staff said they will return with maps and updated draft language that narrows allowed zones (the draft discussed limiting large facilities to certain commercial zones such as C-2, C-3, C-7 and C-8) and increases fencing to eight feet for solar and battery sites.
No formal vote occurred; staff will revise code language to reflect board direction and circulate updated drafts and maps ahead of future workshops and public hearings.
Next steps: staff to circulate updated drafts and a map of candidate areas; board scheduled follow-up workshops on zoning changes.

