Solar Siting Guidance

Information

PUBLIC DRAFT #1June 28, 2018

• Introduction • Advisory Working Group

• Solar Energy Siting - Purpose

• Solar Energy Siting - Principles

• General Terms to Remember

• Solar Energy Context & Legal Setting• Energy Programs• Land Use Regulation

• Comprehensive Plans• Zoning Ordinances

• Other Related Laws

• Kinds of Solar Systems

• Technical Information for Solar Systems

• General Siting Concerns

• General Zoning Guidance

• Specific Zoning Concerns

• Appendices:• Glossary• References

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Solar Energy Advisory Working Group

• Office of Energy Resources

• Division of Statewide Planning

• Department of Environmental Management

• RI League of Cities and Towns

• RI Builders Association

• Northeast Clean Energy Council

• RI American Planning Association

• Acadia Center

• Nature Conservancy

• Green Energy Development

• People’s Power and Light

• Audubon Society of Rhode Island

• Grow Smart RI

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• Conservation Law Foundation• Energy Development Partners• NEXAMP Solar• RI Tree Council• Newport Solar• RI Farm Bureau• Handy Law• Ken Payne, Distributed

Generation Board• Douglas Doe• RI Forest Conservators

Organization• Kearsarge Energy• Heartwood Group• Municipal Planning Offices:

Coventry, Cranston, Narragansett, Richmond

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Solar Energy Siting - Purpose

Rhode Island is facing an immediate challenge to accelerate the development of clean, renewable energy sources while protecting our natural resources and unique community character. The Rhode Island Renewable Energy Siting Stakeholder Committee has adopted the following principles as a holistic framework to integrate competing interests in drafting policies and practices to facilitate the development of renewable energy in the state.

• These principles reflect the participation of state and local officials, renewable energy developers, residents, property owners, businesses and utilities, and non-governmental organizations.

• The primary purpose of the principles is to guide the Stakeholder Committee in developing recommendations which are responsive to Rhode Island’s reality as a place with a small geographic area, high population density, and a diversity of environments, landscapes and community types.

• The recommendations should respect the commitments that Rhode Island has made as a jurisdiction to mitigate greenhouse gas emissions, and enable people throughout the state to participate in and benefit from renewable energy programs.

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Renewable Energy Siting Principles

1. Accelerate the pace toward achieving Rhode Island’s renewable energy and greenhouse gas reduction goals through thoughtful and strategic development of renewable energy projects of all sizes.

2. Build support for achieving Rhode Island’s renewable energy and greenhouse gas reduction goals by increasing public understanding of the multiple benefits of renewable energy including to the economy, the environment, to promote equity and to cultivate climate resiliency.

3. Provide predictability, consistency and fairness in state and local rules, regulations, zoning and ordinances to support development of renewable energy projects.

4. Promote proactive, comprehensive utility distribution system planning.

5. Ensure that regulations governing renewables are applied in a fair and balanced manner with those governing other land uses, while recognizing that local zoning is the authority of communities to establish public health and safety standards.

6. Honor commitments to keep permanently protected land free from development.

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Renewable Energy Siting Principles7. Encourage renewable energy development on commercial and industrial zoned land, on already developed land, and in other locations with environmental alterations such as closed landfills, brownfields, parking lots, commercial and residential rooftops, sand and gravel pits.

8. Support the economic viability of farms through appropriate renewable energy development as a complementary use in a manner which keeps farms in agricultural production while preserving agricultural soils.

9. Promote policies that recognize ecological services and sensitivity as well as habitat connectivity in the siting of renewable energy projects.

10. Respect landowner rights to realize value from their property within the context of established planning and zoning principles.

11. Ensure equitable access to renewable energy installations for all consumers, and recognize that delaying the transition to renewable energy disproportionately burdens environmental justice communities.

12. Provide local governments with guidance on smart renewable energy siting and to ensure consistency between the state guide plan and local ordinances and policies. Establish a timeline for all municipalities to adopt renewable energy siting ordinances and associated processes.

13. Provide opportunities for state and municipal governments to lead by example and use renewables to exercise more control over their energy use and production in meeting their energy needs.

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Photovoltaic (“PV”) Panels aka Solar Panel / aka Solar Modules -absorb sunlight as a source of energy to generate electricity. Panels are comprised of solar cells, normally 60 cells or 72 cells per panel .

Array – Consist of the entire group or section of PV Panels.

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General Terms to Remember

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Kilowatts “kW” - Used mainly in reference to small and commercial scale solar systems.

Megawatts “MW” - Used mainly in reference to large solar systems.

Net Metering - A solar system is installed onsite (can be roof or ground mounted) and the power produced from the solar system is credited to the customers billing account and reduces their monthly electricity bill.

Virtual Net Metering - The solar system is not necessarily located on the same property that the energy will be used. The power produced from the solar system is tracked by National Grid and then credited to the electricity accounts, such as municipalities, state agencies, public housing, schools, hospital, federal agencies or non-profits.

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General Terms to Remember

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Solar Context & Legal SettingRENEWABLE ENERGY PROGRAMS AND POLICIES

• Virtual Net Metering

• Renewable Energy Growth

• Net Metering/Renewable Energy Fund

• Federal Investment Tax Credit

• Statewide Renewable Energy Tangible Tax Formula

• Renewable Energy Standard

• Property Tax Exemption for Net Metered Systems

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LAND USE REGULATION• §45-22.2 RI COMPREHENSIVE PLANNING AND LAND USE REGULATION ACT

• §45-23 RHODE ISLAND LAND DEVELOPMENT AND SUBDIVISION REVIEW ENABLING ACT

• §45-24 RHODE ISLAND ZONING ENABLING ACT

• §42-11-10-f.7 RI COMPREHENSIVE ENERGY CONSERVATION, EFFICIENCY AND AFFORDABILITY ACT

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RI General Law §45-22.2 states that communities must address energy issues in their comprehensive plans.

• Communities should address the topic of solar renewable energy in their municipal comprehensive plan before adopting zoning requirements for solar systems.

• A comprehensive plan should consider goals and policies for:

o Decreasing dependence on non-renewable energy sources.o Promoting effective and efficient use of solar energy resources.o Promoting safe development of solar energy that minimizes impacts to land uses, properties,

and the environment.o Minimizing potential aesthetic–community character impacts.o Eliminating barriers to and incentivizing small-scale, distributed solar energy systems such as

roof top solar.

• A plan should consider:o Where the various types of solar systems would be appropriate in the community.o Promoting the use of previously disturbed lands or existing impervious surfaces as a priority sites

for solar energy development.

Solar Context – Land Use Regulation – Comprehensive Plans

Solar Context – Land Use Regulation – Zoning Ordinances

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RI General Law § §45-24 authorizes communities to adopt zoning ordinances that control the use of land and how it is developed to implement the vision of their plans and protect the public health, safety and welfare.

• Communities should include solar development in their zoning code.

• Zoning must consider that solar systems vary in size and shape.

• Requirements should be crafted carefully to balance creating avoiding creating barriers to solar development and ensuring protection from potential impacts.

Solar Context – Land Use Regulation – Zoning Ordinances

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• The regulatory options for solar systems through zoning are:

• Not a permitted use

• Allowed as a permitted use - no additional review beyond Zoning / Building Officials

• Allowed by a Special Use Permit (SPU) in all or certain districts with siting standards to be meto Requires Planning Board advisory opinion to Zoning Board decision (2 month minimum)

• Allowed in all or some districts but development plan review (DPR) requiredo Requires Planning Board approval (1-2 month minimum)

• Allowed in all or some districts but major land development review (MLDR) is required. • Multiple steps required and requires Planning Board approval

o Preapplication, master plan, preliminary, and final (longest time line)

• Allowed within an overlay district with siting standards to be meto Overlay can be floating or mapped to limit to certain districts

o Review can be either SPU, DPR, or MDLR (timeline based on process dictated)

Solar Context: Other Related State LawsStatewide Building Code Standards

• RIGL § 23-27.3-100.1.7 Effect of local codes – Repeal of local authority. Municipalities are not allowed to incorporate building code standards that exceed statewide building code standards that are recognized by the State Building Code Commission.

Statewide Solar Building & Electric Permit• Single Statewide Solar Building and Electric Permit Application for all scales of solar projects

that are submitted to a municipality. All Municipal Building and Zoning Offices are required to use the application form beginning on January 1, 2018.

Statewide Fire Code Variance • Rhode Island Fire Safety and Appeal Board unanimously adopted a blanket statewide

variance in February 2018 for all proposed ground mount solar projects to have the ability to provide a Vegetative Management Plan (VMP) to local fire marshal for review and approval.

Taxation of Farms within the Farm, Forest, and Open Space (FFOS) Program • Chapter 44-27 Taxation of Farm, Forest, and Open Space Land law was amended by the

General Assembly in 2017. The new law exempts land previously classified as farms within the FFOS Program from land use change taxes, if the landowner converts no more than twenty percent (20%) of the total acreage of the farm property to install a commercial renewable energy system.

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Kinds of Solar Systems

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Ground Mounted

1. Ballasted - use of weight to keep the racking to the Ground (normally used on landfills or contaminated sites)

2. Pile driven - Metal beam is driven into the ground3. Screw - Large screws that "screwed" into the ground 4. Anchored - The racks are fastened to the ground via cable and ground

securing system.

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Kinds of Solar Systems

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Roof Mounted

• Racking - a system by which the Solar Panels attached or adhered to a structure (roof, canopy, etc. ) of to the ground.

• Penetrating Roof - use of screws or fasteners to directly connect the racking to a structure

• Ballasted Roof - use of weight to keep the racking to a structure

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Residential - located on residential property mainly roof mounted but can be ground mounted - usually “Net Metered” Size 1 kW to 15 kW (generally)

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67 kW Solar System, Thayer Street Housing, Providence

Kinds of Solar Systems

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Commercial Scale Solar - roof mounted or ground mounted –usually 25kW to 1 MW (generally). Projects can be Net Metered, Virtual Net Metered or Renewable Energy Growth Systems.

• Schools

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51.3 kW Solar System, Cranston

40-50 kW Solar System, Our Lady of Mount Carmel School, Bristol

50 kW Solar System, Rocky Hill School, East Greenwich

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Commercial Scale Solar - roof mounted or ground mounted –usually 25kW to 1 MW (generally). Projects can be Net Metered, Virtual Net Metered or Renewable Energy Growth Systems.

• Agricultural

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250 kW Solar System, Reynolds Farm, Hopkinton

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Commercial Scale Solar - roof mounted or ground mounted –usually 25kW to 1 MW (generally). Projects can be Net Metered, Virtual Net Metered or Renewable Energy Growth Systems.

• Commercial Ground Mounted

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Commercial Scale Solar - roof mounted or ground mounted –usually 25kW to 1 MW (generally). Projects can be Net Metered, Virtual Net Metered or Renewable Energy Growth Systems.

• Commercial Roof Tops

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77.3 kW Solar System, Storage Facility, Middletown

31.4 kW Solar System, Furey Roofing & Construction, Warwick

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Large Solar - Usually Ground Mounted but can be on Roofs “Grid Connected” Size 1 MW and above. Projects can be Net Metered, Virtual Net Metered or Renewable Energy Growth Systems.

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6.3 MW Solar System, Commercial Lot, Warwick (Near TF Green)

2 MW Solar System, Leyden Christmas Tree Farm, West Greenwich

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Large Solar - Usually Ground Mounted but can be on Roof “Grid Connected” Size 1 MW and above. Projects can be Net Metered, Virtual Net Metered or Renewable Energy Growth Systems.

• Landfills

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Rose Hill Landfill Solar System, South Kingstown

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Technical Information for Solar Systems

• Inverter – An equipment device that converts Direct Current into Alternating Current.

• Central Pad-mounted – Large inverter that sits atop a concrete pad that converter DC to AC for a large of Panels (Mainly used in utility-scale projects and larger commercial projects)

• String Inverter - inverter that standard is attached to the racking system or wall that DC to AC for a group of Panels ‘a String". (Used in residential, commercial utility-scale projects)

• Micro - inverter – inverter that attached to the back of each panel/rack (typically used in residential and commercial projects)

Central Pad Mounted

Micro Inverters

String Inverters

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• Transformer – a piece of equipment for reducing or increasing the voltage of an alternating current. (Mainly used in utility-scale projects and larger commercial projects)

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Technical Information for Solar Systems

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• Interconnection – That point (Point of Interconnection “POI”) at which the solar PV System connects to the grid. On larger scale projects it is usually comprised of 3 to 4 poles and a recloser. It is memorialized by an Interconnection Service Agreement (ISA) between the owner of the PV system and the utility.

• Solar PV System – Is comprised of the above components (panels, racks, inverter, transformer, and interconnection)

• Eligible Solar System Sizes at Properties –Regulated by National Grid, per state renewable energy laws.

• Interconnection Process – Regulated by National Grid, per state interconnection law.

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Technical Information for Solar Systems

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INTERCONNECTION PROCESS

Pre-application – Inquiry to the Utility in which they provide general information on a location as to what feeder and substation services it and in some case how much Distributed Generation is on the feeder or proposed.

Interconnection Application – A process in which the utility is notified that a party would like to interconnect a DG project to the grid.

• Feasibility Study – Initial engineering desk based report indicating whether the DG has the ability to interconnection to the grid or additional engineering investigation is needed. It usually is accompanied by a cost estimate.

• Impact Study – is an engineering report based on detailed engineering investigation to determine the cost of the DG’s project to interconnect to the grid. In Rhode Island generally required for larger DG projects 250 kW DC and above.

Interconnection Service Agreement “ISA” is the agreement for interconnection service entered into between the interconnecting Solar PV System’s project owner and a utility, as defined and provided in each Distribution Company’s standards for interconnection of distributed generation. It outlines cost, timelines, and technical requirements and ongoing operation protocols.

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Technical Information for Solar Systems

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General Siting Concerns• Focus Solar Siting Ordinances on Land Use and NOT on the Renewable Energy System Sizes or

power generation.

• Building Code requirements should not be placed in a zoning ordinance and can’t exceed State Building Code Standards.

• Adopt a streamlined permitting process for roof mounted residential and commercial solar systems.

• Adopt differing buffer and setback requirements depending on the type of zone (commercial, residential, farm) the property is in.

• All solar systems must comply with all laws and any existing property restrictions/easements, including those pertaining to wetlands and storm water.

• Enforcement of siting requirements is critical and must be enforced by municipalities and state agencies involved with permits associated with the solar project site.

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General Zoning Guidance• Assess all zoning districts and consider in the zoning use table whether solar systems in each

district should be:• outright permitted or allowed by special use permits• subject to land development review• subject to development plan review• create a overlay district for solar

• Consider how reviews should be conducted for projects in special districts such as historic districts or properties with restrictions or easements assigned to the property.

• Consider favorable exclusions for certain disturbed or already developed properties regardless of zoning district. For example:• gravel pits• landfills• superfund sites• metal scrap yards• solar carport canopies

• Require a Decommissioning Plan that includes a financial guarantee and site restoration requirements within ordinance for ground mounted commercial solar systems.

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Specific Zoning Guidance• Require the maintenance and reuse of top soil in residential and farm lands where ground mounted

systems are installed on residential, farm and or forest lots.

• Ensure that best soil erosion and sediment control practices are used. o Maintain vegetative cover to prevent soil erosion.

• Use pollinator-friendly seed mixes and native plants to the maximum extent possible.

• Limit use of herbicides and control invasive plant species growing beneath or around any solar panel or array organically.

• Encourage (favorable permitting/timeline process) ground mounted solar system Installations in gravel pits, landfills, Superfund sites, metal scrap yards and disturbed/developed properties – Don’t have the same permitting/timeline process for these types of locations.

• Adopt both solar siting and taxation ordinances at the same time to ensure that Planning and Taxation Offices knows what the rules are before solar applications are submitted for review/consideration.

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Glossary• Active Solar Energy System -

• Alternating Current “AC” - Electric current which periodically reverses direction, in contrast to direct current (DC) which flows only in one direction. The Inverter in the Solar System converts the DC produced from the panels to AC that can then be used by the Grid.

• Array – Consist of the entire group or section of PV Panels.

• Array Area– Total area occupied by the solar panel array; includes panel area

+ inter-panel spaces)

• Accessory Solar -

• Cleared Area – the area that include the fenced in area but also outside the

fenced area in which trees have been removed as not to shade the array.

• Community Solar

• Decommissioning Plan -

• Direct Current “DC” - Electric Current that flows in only one direction, PV

Panels produce DC electricity

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• Emergency/Utility Access Road -• Feeder Line -• Fenced Area – The safety fence perimeter that included the array inverters, transformers, etc.

• note the interconnection usually is located at the street and consist of 2-3 poles and a small device mounted atop the pole.

• Ground Mounted Solar Energy System • Small • Medium • Large

• Interconnection Application -• Interconnection Pre-Application -• Interconnection Service Agreement (ISA) -• Inverter -

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Glossary

Glossary

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Nameplate Capacity -

Net Metering -

Panel Coverage: Panel Size X # of Panels (this excluded the inter-row spacing which can be 12 – 17 feet form the back of

one row to the front of next row ).

Examples:

72 Celled Panels can be 3.25 wide X 6.4 Ft long - 20.9 Sqft

60 Celled Panels can be 3.25 wide X 5.4 Ft long – 17.6 Sqft

• Passive Solar Energy System -• Photovoltaic (“PV”) Panels aka Solar Panel / aka Solar Modules - absorb sunlight as a source of energy to

generate electricity. Panels are comprised of solar cells, normally 60 cells or 72 cells per panel .• Photovoltaic (PV) System -• Prime Farmland -• Re-Powering -• Racking -

BallastedGroundRoof

• Roof Mounted Solar Energy System • Site Restoration -

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Glossary

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• Solar Access -• Solar Clearing Area - Total area where the location and height of vegetation or structures

must be managed to allow for unobstructed access to direct sunlight• Solar Energy – Radiant energy received from the sun that can be collected in the form of heat

or light by a solar collector.• Solar Farm - ground mounted, principal use, medium or large, commercial generation• Security Area - Total area within security fencing• Substation -• Thermal System -• Three-Phase Power -• Topsoil -• Transformer -• Virtual Net Metering -

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• Minnesota – Grow Solar Local Government Solar Toolkit

• Kearsarge Energy - Solar PV Systems and Terms v3 PowerPoint (2018)

• NY Scenic Hudson – Clean Energy, Green Communities (2018)

• Mass - Model Zoning for the Regulation of Solar Energy Systems (2014)

• Mass - Audubon Solar Siting 2016 letter

• NJ Association of Environmental Commissions - Solar Siting and Sustainable Land Use

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Initial References

QUESTIONS & CONTACTS

Chris Kearns, Office of Energy ResourcesChristopher.Kearns@energy.ri.gov

Nancy Hess, Division of Statewide PlanningNancy.Hess@doa.ri.gov

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