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County warns statewide solar siting bill would curtail local land-use control; seeks ag-preservation amendments
Summary
County DEP and intergovernmental staff said HB1036 would remove local land-use and some taxation authority for large solar projects and is likely to be approved with amendments; staff described possible caps and livability standards to protect agricultural land and asked the Council to remain engaged.
Garrett Fitzgerald of the Department of Environmental Protection told the Council that HB1036, the major solar bill under consideration, "is the bill that would remove local land use and taxation authority and essentially allow solar everywhere as long as it conforms to new statewide siting standards." He said the Council had voted to oppose the bill but was actively pursuing amendments to improve livability standards and preserve taxation authority.
Fitzgerald said MAKO had pursued several amendment ideas with solar companies and environmental representatives that appear likely to be accepted, and identified two amendment priorities: changes to livability standards and removal of the taxation preemption. He said the bill as amended could still reduce Montgomery County authority and that a likely amendment under discussion would cap the percentage of a county's agricultural priority preservation area that could be used for solar, though the precise cap "What's what's the number?" remains unresolved.
On local authority, Fitzgerald explained counties are already preempted on projects above 2 megawatts in many cases and said the state intends to lower that threshold to projects above 1 megawatt in an amendment, saying: "It'll actually reduce our existing authority on projects above 1 megawatt... In the between 1 and 2 megawatt range." He said the county has proposed approaches that account for soil classification to avoid siting solar on prime farmland but acknowledged statewide soil-class patterns make a single soil-based exemption politically and technically challenging.
Fitzgerald also reviewed HB49, the building energy performance standards bill, describing it as a vehicle for a range of amendments that add flexibility for building owners and raise the question of whether counties will be explicitly allowed to implement their own BEPS programs. He said the countyprogram might be grandfathered, or the Maryland Department of Environment might approve county versions that are at least as stringent as the state program; how to compare stringency remains an open question.
Council Vice President Eric Geordano asked for clarity on preemption and ag-preservation options. Fitzgerald said the county will continue to press for amendments that steer solar away from best farmland and to negotiate a workable cap or other protections.
Staff recommended continued engagement as both bills and numerous amendments move through committees over the coming weeks.
