Moving toward moratorium

The county is moving on moratoriums.

Jay County Plan Commission OK’d moving forward with enacting two 12-month moratoriums Thursday on commercial battery storage facilities and new solar farm developments in the county.

Commission members will host a public hearing next month before voting on the decision. If approved, it will then move to Jay County Commissioners for their consideration.

Jay/Portland Building and Planning director John Hemmelgarn noted during the plan commission’s meeting Thursday that an energy company — its name was not shared Thursday — has expressed interest in developing a commercial battery storage facility in Jay County. He pointed out the county currently doesn’t have an ordinance in place that would set rules and restrictions for such facilities.

Hemmelgarn shared copies of an ordinance created by Starke County officials to serve as an example for what Jay County Plan Commission could pass. (He pointed out as of now, Starke County is under a moratorium for battery storage, wind and solar facilities.)

The ordinance example shared Thursday establishes definitions and criteria for commercial solar battery energy storage systems. It limits battery energy storage systems to a maximum of five acres and to agricultural-zoned parcels. 

Per the Starke County ordinance, battery energy storage systems must have minimum 1,000-foot setbacks from the center of roads and highways, as well as 1,000-foot setbacks from waterways, ditches, streams, rivers, residential wells or field drains and adjoining property lines not connected to the project. They’re also subject to an enhanced minimum setback of 1,320 feet from adjoining properties used for residential, educational or religious use.

Battery energy storage systems must be fenced in completely with 6-foot-tall chain-link fencing, and there must be signs at each location with emergency response numbers posted and updated annually, the ordinance says. It also requires planting an assortment of greenery in front of the berm of the property, which should be at least 20 feet outside of the fenced area, and a subsurface non-permeable liner to keep contaminants in place.

The ordinance also lays out requirements for fire prevention plans and a fire monitoring system and requires an 8-inch well located on the property for fire departments to use in an emergency.

“(Starke County’s) ordinance probably would kill battery storage in just about every county in Indiana,” said Hemmelgarn.

Commission member Matt Minnich asked if it would be easier for the county to say no to battery storage facilities in Jay County as a whole. Commission member Steve Ford questioned if that decision could be overturned by the state in the future, pointing to a bill he said was being discussed by state legislators.

“I think probably the safest route would be to go the Starke County route, I think,” answered county attorney Wes Schemenaur. “Create an ordinance that just is … probably very difficult or impossible to meet.”

Portland Fire Chief Mike Weitzel also voiced safety concerns with allowing a commercial battery storage facility in the county. He said other fire chiefs in the county also are not in favor of such a facility coming to Jay County.

“From a fire department standpoint, I’m against them,” he said. “We don’t have the manpower or the equipment to fight a lithium ion battery fire in that capacity.”

He said the energy company looking into Jay County proposed 52 storage container boxes full of lithium ion batteries. 

Weitzel offered to send commission members examples of lithium ion battery explosion fires, specifically recalling an incident in Surprise, Arizona.

“They were on scene for more than four hours with their monitoring equipment,” he said. “They went up to open the door to make sure everything was good. The box got air, exploded, shot three of their members 75 feet through a fence. Luckily none of them were killed.”

“We don’t have the resources here to fight something like that,” he added, referencing a battery fire in California that lasted for three days.

Commission member Todd Skirvin shared worries about keeping a fire contained within a few thousand acres. Weitzel noted there would be evacuation zones, potential runoff into water sources and other variables involved, such as toxins in the air when burned.

“I think we’re in too large of a rural area to be able to do anything,” said commission member Jeanne Houchins. “I mean, look at, you know, if we had a brush fire in the northwest corner of the county and it got out of hand, it would take Salamonia (fire department) quite some time to get there to help.”

Minnich said such a facility doesn’t seem like a good fit for rural Jay County.

Jay County REMC District 8 board member Ken Denton said the energy cooperative is looking at installing batteries into some of its substations. (It’s a separate project from the one discussed and proposed by commission members Thursday.)

“All I’m asking you to do is get more information, have somebody that does batteries and come here and talk to you,” he said. “Why they’re wanting to put batteries in some of our substations is our area is probably 60% higher on our transmission rates than anybody in the state, so therefore they want to put batteries within the substation to shave that peak to try to recoup some of that cost …”

Jay County Commissioner Duane Monroe, who works for Jay County REMC, added that the energy cooperative is looking into a smaller-scale project than the other company proposing a battery storage facility.

“It’s a lot smaller, and it’s going to benefit — if you’re an REMC member, it’s going to affect your bill … that money will stay local to those members,” he said.

Hemmelgarn asked Denton and Monroe to forward him information about Jay County REMC’s planned project.

Commission members agreed to establish a six-month moratorium on battery storage facilities. Schemenaur then noted plan commission would need to host a public hearing before establishing a moratorium. The motion was then amended to move forward in the process for starting a 12-month moratorium on battery storage facilities.

Schemenaur also pointed out Monroe asked about establishing a moratorium on new solar farm developments.

Schemenaur noted the county has signed agreements with four companies proposing solar farms in Jay County. To date, none of the projects have started construction yet, with start dates continuing to get pushed back.

He added that without a solar farm established, Jay County hasn’t been able to judge whether its current solar ordinance fits the county’s needs.

Commission members agreed to also move forward with establishing a 12-month moratorium on new solar farm developments.

Also Thursday, plan commission members Chad Aker, Casey Wagner, Scott Hilfiker, Ford, Skirvin, Houchins and Minnich, absent Brad Daniels and Steve McIntosh:

•Heard about the state’s requirement to livestream and record meetings starting July 1. Schemenaur indicated plan commission may not be covered by the rule because it is not an executive, legislative or fiscal body and does not regularly meet at Jay County Courthouse.

•Agreed to retain its officers from 2024, which include Hilfiker as president, Ford as vice president, Houchins as secretary and Pati McLaughlin as recording secretary.

•Reappointed Aker as Jay County Plan Commission’s representative on Portland Plan Commission.

•Received informational packets from Schemenaur regarding plan commission’s duties.