Supervisors consider solar resolution, agreement

At their regular meeting on June 29, the Worth County supervisors discussed potential actions regarding solar regulations and exempting a company from them.
Over the course of the last meetings in June, the Worth County supervisors were approached by representatives of the Worthwhile West Solar project, regarding solar zoning regulations that had been approved, but not officially enacted.
In September 2019, the supervisors had acted on recommendations to update the county’s zoning ordinance to include regulations on commercial and private solar operations, including a permitting process. The supervisors had motioned to approve those changes.
However, the necessary language to officially adopt the zoning changes had not been published and so the solar regulations did not go into effect.
In the meantime, the Worthwhile West Solar project had begun the preliminary processes for its project.
As the company is seeking permits from the Iowa Utilities Commission, questions of requirements in Worth County came up, based on the approval, but not adoption of solar permitting processes.
On the agenda for the June 29 meeting was a resolution that ordered the publication and official adoption of the solar rules in county zoning.
The resolution also acknowledged that the Worthwhile West project had proceeded past the point where a permit would be needed if that process had been adopted, including road and drainage agreements with the County. The resolution exempted the company from the permit process based on the administrative error that meant there were no solar rules officially adopted as the company developed its project.
However, representatives of the Worthwhile West project were at the June 29 meeting requesting that the County enter into an agreement to present to the IUC, laying out the issues and acknowledging that the County was allowing the project to proceed without a permit.
The agreement would include a public hearing and resolution for the supervisors to pass.
For the company to receive a permit from the IUC, it has to show that it has permits in place from Worth County, or ample proof that a permit isn’t necessary.
Supervisor Enos Loberg said that they had been trying to fix the issue simply, and now were being asked to begin a process of looking at an agreement and holding a hearing.
Worth County Planning and Zoning Commission Chair said that the resolution on the agenda addressed the issue of the solar zoning rules and the supervisors granting the Worthwhile project vested interested and exempting the need for a permit.
Kate Millar, with the Worthwhile project, said that the resolution alone wasn’t enough to satisfy the legal representatives of the company and the customers involved in the project.
Supervisor AJ Stone said that they had asked Gorbal and county attorney Jeff Greve to come up with a solution and that the resolution would do that.
Stone said that the supervisors hadn’t denied the project or had any negative action or discussion of the solar project. He said that the resolution is an open arms gesture to proceed with the project. He said that signing the agreements is not for him.
Millar said that it isn’t that simple and that for the project’s investors to be comfortable proceeding with the project, they need the agreement to take to the IUC to make clear the County’s support and that the zoning permit is not needed.
Asked what would happen if the supervisors approved their resolution, but not a more extensive agreement, Millar said that there are contractors lined up and land owners that didn’t plant crops this year with plans for construction in September. She said that lawyers aren’t signing off and the project is left in an uncomfortable position.
The alternative is for Worthwhile West to have the IUC review its application and holding hearings with witnesses, which representatives said would be a much more lengthy process, further delaying the project.
Stone said that the supervisors could proceed with their resolution. With only a draft of an agreement before them, he said that they could return with a final agreement for the supervisors to consider.
Millar said that would require next steps with the IUC and that they would not be doing that if the supervisors weren’t on board to proceed with an agreement. Millar said that the supervisors were showing their support and to go ahead and she said that an agreement is what’s needed to do that.
The supervisors passed the resolution at their meeting and the solar zoning update ordinance has been published. The resolution, from the Count’s standpoint, exempts the Worthwhile West Solar project from the need for a permit.
The Worthwhile West Solar representatives did not officially indicate if they would return with a final agreement for the supervisors to consider.