Moratoriums put in place

Moratoriums on future solar energy farms and battery storage facilities will be in place for up to a year.

Jay County Commissioners approved ordinances Monday establishing one-year moratoriums on commercial solar and battery storage operations in the county.

Their decision follows recommendations from Jay County Plan Commission made earlier this month. The moratoriums prevent developers from creating new battery storage and solar facilities in Jay County for one year. (County officials may choose to end or extend the moratoriums at any time.)

Four companies — Invenergy, Scout Clean Energy, Leeward Renewable Energy and Hodson Energy — have underwent the county governmental process and received approval for solar farms in Jay County. (Those projects are not effected by the moratorium.) Battery storage projects have also been proposed by NextEra Energy Resources and Jay County REMC.

Commissioners heard from a few visitors Monday regarding solar energy and battery storage facilities.

Ben Vollmer, vice president of development with Sonder Energy, noted his company has been developing plans for a solar farm east of Pennville since 2021. The 644-acre project in Penn Township amounts to approximately 0.3% of the total farm land in Jay County, he added.

“That ground is not permanently lost, but revenue rolled in a temporary use,” he said. “The land can be returned (to) farm ground at the end of the project’s life.”

Vollmer also pointed to additional tax payments and economic development dollars the county would see from the project. He noted Randolph County committed at least $1 million in dollars from renewable energy projects toward renovations to its fairgrounds, which started in August.

Sonder Energy is currently the only solar energy facility undergoing a study with regional transmission organization PJM Interconnection, according to Vollmer. He said his company has invested $800,000 into the project and voiced concerns about it coming to fruition with uncertainty on its future.

“The consequence will likely not be a pause but rather the end of solar development in Jay County,” he said.

Julie Forcum, a Hartford City resident and participating landowner in Sonder Energy’s project, pointed to tax revenue for the county and Jay School Corporation that would result from the project. She and Shane Houck, another participating landowner, shared worries about the future of solar energy in Jay County if a moratorium were to be enacted.

Addressing various tax changes with the state’s enacted Senate Bill 1, Forcum said Sonder Energy’s project could serve as a “lifeline” to replace funding cuts. 

She suggested commissioners could exempt Sonder Energy from the moratorium.

John Hemmelgarn, Jay/Portland Building and Planning director, said Sonder Energy has not approached his office yet despite beginning the development process four years ago, noting two other companies that aren’t as far along as Sonder Energy have already connected with his office.

Hemmelgarn said he would like to review the county’s standards for decommissioning agreements with solar companies, suggesting the county attach a lien to participating properties as a part of the process. 

Lillian Floutsis, field representative with Indiana Land & Liberty Coalition, said her organization believes a moratorium isn’t necessary to enact while creating an ordinance for battery storage. (She later indicated the same applies to making amendments to the ordinance for solar energy facilities.)

Floutsis urged officials to instead consider 90-day or six-month moratoriums instead of one-year moratoriums. She offered resources from the coalition for drafting renewable energy ordinances.

“Bottom line, we want the best for your community,” she said.

Deb Grider of rural Hartford City argued otherwise, saying ordinance creation is not an easy process. She pointed to extended timelines in other Indiana communities as they drafted solar ordinances.

Commissioners Doug Horn, Duane Monroe and Chad Aker suggested reviewing setbacks from property lines for solar energy projects as well as taking setbacks into consideration with the new battery storage ordinance.

Monroe noted he brought up the moratorium discussion initially, sharing concerns about current setbacks for solar energy facilities. He said he would like to see 200-foot setbacks from property lines and a vegetative barrier put in place.

Addressing concerns from Sonder Energy and participating landowners, Monroe said he sees the additional revenue as “just a supplement, it’s not the answer” to budget cuts.

“Technology is changing all the time, I’d hate to see someone put up with something for 45 years possibly when there’s an answer maybe right around the corner,” he said. “Ultimately, I think it’s their property, I don’t want to take advantage of their property, I feel like that’s their right, but I feel like the setback needs to be moved back.”

Horn said he believes those previously involved in creating the solar ordinance did the best they could do. But now, six years later, he said it’s time to take a step back and review the ordinance.

Horn questioned if the county should enact a shorter moratorium on battery storage and extend it later if needed — he voiced concerns about the legislation getting put on the “back burner” over the next year — but said having a moratorium in place while creating an ordinance is the “safest way” to approach the issue.

Monroe, who is also a Jay County REMC employee, said the county needs to take its time on creating an ordinance for battery storage. He noted potential advantages for battery storage in Jay County, such as additional tax dollars as well as benefits to those who are members of Jay County REMC.

Aker reiterated that the county currently does not have a battery storage ordinance in place and advocated for a moratorium to be in place amid its creation. A full-time firefighter at Portland Fire Department, he also noted safety concerns with battery storage facilities.

Aker asked Hemmelgarn if plans are to create a committee to discuss the legislation, with Hemmelgarn saying Jay/Portland Building and Planning will put together a potential draft for plan commission members to review. 

Addressing concerns from Horn about timeliness on the matter, Hemmelgarn noted his office is juggling research into a handful of other ordinances the county does not have, such as those dealing with carbon sequestration and electric vehicle charging stations.

“Top shelf right now is battery (storage) and solar (energy),” he said. “But there (are) also other things we’re working on in our office as well … we’ll be working on it as fast as we can, but give us some time,” he said.