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Planning Commission seeks WECS reserve to cover solar hearing costs and outlines strengthened data-center ordinance
Summary
Planning Commission Executive Director Brian Bishop told the court solar-panel hearings exceeded a $22,620 legal budget (spending $31,564.31) and requested use of WECS reserve funds to cover an approximate $11,263.90 deficit; he also outlined a proposed data center siting ordinance based on the KRC model with stronger setbacks, noise limits, monitoring, and permit-expiration language, expected this fall.
Brian Bishop, executive director of the Henderson County Planning Commission, reported to Fiscal Court that expert testimony and research related to recent solar-panel hearings exceeded the legal line item in last year’s budget.
“Last year's budget contained a line item of $22,620.00 for legal issues but according to our calculations we have spent $31,564.31, creating a deficit of approximately $11,263.90,” Bishop said. He requested the Planning Commission be allowed to take a portion of funds from the Wind Energy Conversion Systems (WECS) reserve—part of an $80,000 pool the court previously provided for green-energy expert witnesses—to cover the shortfall; Bishop said a formal audit in October will verify exact amounts.
Bishop also described a proposed data center siting ordinance built on the Kentucky Resources Council (KRC) Model Data Center Siting Ordinance but strengthened with increased setbacks, reduced noise limits, enhanced public notice and compliance reporting, one-year permit expiration if no action is taken, property-protection language to require repairs to homes within a mile if documented damage occurs, and required water-usage monitoring with utility-provider documentation to show operations will not raise citizen rates. Bishop said no data-center applicants have applied and there have been no discussions with companies; the Planning Commission expects to present an ordinance to the court later this fall.
Magistrate Southard moved to authorize the Planning Commission to utilize WECS funds to cover the deficit; Magistrate Tompkins seconded and the motion passed on a unanimous voice vote. The court did not enact a moratorium; Bishop said the Commission feels able to develop the ordinance without a moratorium and that a moratorium might delay producing a stronger ordinance.
