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Commission reviews Tallgrass solar CUP and developer contribution agreement; technical plans still pending
Summary
County staff presented a conditional‑use permit and a contribution (pilot) agreement for the Tallgrass solar project southwest of Hays; the developer has reimbursed planning costs to an escrow account and the contribution sets a first‑year payment of $1,100,000 once power is sold, with ongoing payments tied to megawatts.
County staff used the May 10 meeting to present public drafts of documents tied to the Tallgrass solar development, including a conditional‑use permit (CUP) and a contribution agreement that would provide county payments during a 10‑year abatement period.
County Administrator Darren Myers told the commission the documents have been developed with assistance from outside legal and technical consultants and that IBV Energy (the developer) has entered a reimbursement agreement to cover legal and consulting fees in escrow. Myers said the contribution agreement becomes effective only after the project puts power on the grid and begins selling it: “That first year agreement is 1,100,000,” he said, and then described a per‑megawatt annual rate “just over $6,500 a megawatt” that would rise 1% yearly.
Myers and staff noted several implementation items are not yet finalized and will be addressed as the process continues, including a decommissioning plan, emergency‑response plan, road‑use agreements and any required permits such as entrance and septic approvals. Myers said many of those tasks are handled outside county permitting, through state and federal agencies, but must be completed before construction proceeds.
IVB/IBV Energy engineer Pat Ripa described the project's stormwater strategy, saying the analysis will model runoff up to a 100‑year storm event, route stormwater on‑site where possible, and include calculations intended to avoid increasing flows to existing downstream areas; he also said the work will support financing and state/federal compliance including Kansas SWIP and Clean Water Act provisions. The county did not take a vote on the CUP documents at this meeting; staff encouraged the public to review the posted materials and submit questions over the coming weeks.
