JEFFERSON TOWNSHIP – County officials sat down with local township representatives Monday evening, June 1, at A-Tech to present the process to implement state rules for siting wind and solar energy facilities and to ask townships for input in deciding whether and where they can be built.
Commissioner J.P. Ducro IV said the county wants to give townships a say, rather than making decisions “in a vacuum.”
Ohio Senate Bill 52 is a 2021 state law that significantly altered the approval process for utility-scale renewable energy developments by granting the county commissioners veto power over wind and solar projects. The law overrides the public utility exemption, giving boards the authority to prohibit or limit the size of large wind and solar facilities.
Counties can proactively designate restricted areas where wind and solar developments are entirely banned or establish energy development districts where they are permitted.
Rather than make the decision from Jefferson, Board President Casey Kozlowski said the board wanted to inform townships on what SB 52 calls for and get the trustees’ input before assembling a map for Ashtabula County.
SB 52 governs “economically significant” projects of between 5-50 megawatts, giving local townships the option to decide whether the entire township is open for renewable energy development, part of it or to close it altogether.
Projects of 5 megawatts or less are governed by local zoning codes, according to meeting materials.
The county can also have a project-specific response, according to Kozlowski. Until the county’s restricted area map is finalized, the county will operate on a project-specific basis, he added.
The commissioners are asking each township to identify areas where utility-scale projects should be restricted, if any, considering the needs of agriculture, economic development, residential areas, natural resources, local infrastructure and community identity, according to Kozlowski.
Jake Brand, director of the Ashtabula County Planning and Development Department, and County Auditor Scott Yamamoto presented to county’s geographical information system map – available on the auditor’s website – which has layers that can be added or removed to show zoning, watershed, infrastructure and other assets in formulating a local resolution restricting renewable energy development.
The townships will have a 90-day review period to go over materials and confer with local officials before holding public hearings on a draft a resolution and map with the rationale for restricting renewable energy development.
The county has a Tuesday, Sept. 1, deadline for submission, according to Kozlowski.
The board will then compile the information for the unincorporated areas and create a countywide resolution and map, hold more public hearings and pass a resolution of its own. Incorporated areas have their own home-rule authority governing development, according to Kozlowski.
The goal is to balance property rights with the needs of local communities.
“Any project will have pros and cons,” Kozlowski said. “We need energy, but not at the expense of quality of life for our residents.”
Residents can challenge a decision to allow or block a project by gathering signatures to place a referendum on the local ballot. A referendum can be filed within 30 days of map publication, with an 8-percent signature threshold, according to meeting materials.
Developers must submit a comprehensive decommissioning plan prepared by a professional engineer 60 days before starting construction, including fully funded cost estimates that omit salvage value.
SB 52 has made Ohio one of the more restrictive states for renewable development. Dozens of Ohio counties have used SB 52 to establish restricted zones, or issue outright bans on solar and wind farms to protect agricultural land, according to The Ohio State University.
