A big concern is making sure the board will allow wind and solar developments on mine lands and brownfields throughout Ohio, regardless of which county they’re in. Roughly one-third of Ohio’s 88 counties ban wind, solar, or both in all or a significant part of their jurisdiction. This authority was granted to them by a 2021 law, Senate Bill 52.
However, the language and legislative history of HB 15 make clear that it “was meant to be technology-neutral,” said Rebecca Mellino, a climate and energy policy associate for The Nature Conservancy.
HB 15 even states that its terms for permitting energy projects in priority investment areas apply “notwithstanding” some other parts of Ohio law.
“That clause is meant to bypass some of the typical Ohio Power Siting Board procedures — including the procedures for siting in restricted areas” under SB 52, wrote Bill Stanley, Ohio director for The Nature Conservancy, in comments filed with the board.
But the exemption provided by the “notwithstanding” clause is narrow, Mellino added, because local government authorities must ask for a priority investment area designation. That means, for example, that in a county with a solar and wind ban in place, officials would need to choose to request that a former coal mine or brownfield become a priority investment area.
The Nature Conservancy has asked the Power Siting Board to add language making it crystal-clear that renewable-energy projects can be built on any land marked a priority investment area — even if a solar and wind ban otherwise exists in a county.
Industry groups are pushing for additional clarifications to make sure the Power Siting Board meets the permitting deadlines set by the new law, both for expedited and standard projects.
For example, Open Road Renewables, which builds large-scale solar and battery storage, said in comments that, in order to align with HB 15, the board’s rules should require energy developers to notify the public of an application when it is filed, rather than after it is deemed complete.
Separate comments from the American Clean Power Association, MAREC Action, and the Utility Scale Solar Energy Coalition of Ohio ask for tweaks to provisions regarding notices on public hearings and for clarifications on application fees. The board should also promptly issue certificates for projects that are automatically approved, say comments by Robert Brundrett, president of the Ohio Oil and Gas Association.
The Department of Development hopes to finish draft standards and invite public comments on them soon, Waldvogel said. Meanwhile, the department has received its first request to designate a priority investment area. The ask comes from Jefferson County’s board of commissioners, which did not specify the type of energy that may be built in the area.
The Ohio Power Siting Board, for its part, is expected to finalize its rules within the next couple of months. Ultimately, said Cherry of MAREC Action, the law “clears the path for developers to bring energy projects online quickly and affordably, something Ohio’s consumers and businesses desperately need.”
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