On March 21, 2024, state regulators in Ohio permitted the Oak Run Photo voltaic Undertaking, an 800-megawatt (MW) photo voltaic technology mission that may embrace 300 MW of battery storage, in addition to 4,000 acres of crops and 1,000 sheep on website. This weblog submit will spotlight key options of the mission, in addition to the opinion approving it, explaining: (a) what’s essential concerning the mission; (b) who the important thing constituencies opposing and supporting it are; (c) how the Ohio Energy Siting Board (Siting Board) decides whether or not to approve or deny photo voltaic tasks; and (d) how the Siting Board determined that this mission “will serve the general public curiosity, comfort, and necessity,” as required for approval.
What Is Essential Concerning the Oak Run Photo voltaic Undertaking?
Oak Run is a solar-plus-storage mission that may span 6,050 acres of personal land in Madison County, Ohio. The mission is an business chief alongside three dimensions: technology capability, battery storage capability, and the incorporation of agrivoltaics (i.e., dual-use farming and photo voltaic technology) into mission design.
First, with 800 MW of technology capability, Oak Run is the biggest photo voltaic technology mission ever permitted in Ohio. It should produce practically 3 times as a lot energy as the biggest accomplished photo voltaic facility, Yellowbud (274 MW), and nearly 40% extra energy than the subsequent largest permitted mission, Fox Squirrel (577 MW).
Second, Oak Run’s 300-MW battery storage system is likewise the biggest battery system ever permitted in Ohio. No different permitted system has a capability larger than 200 MW.
Determine 1: Map of the Oak Run Photo voltaic Undertaking space (Credit score: Ohio Energy Siting Board)
Third, and most significantly, Oak Run can be—by far—the biggest agrivoltaics mission in america. (Opinion ¶ 220.) The developer beforehand dedicated to together with at the least 2,000 acres of crops within the 6,050-acre mission website. Nevertheless, within the choice approving the mission, the Siting Board set benchmarks which can be much more formidable. The choice stipulated that, after one yr of operation, Oak Run should embrace 1,000 sheep and a pair of,000 crop acres; after eight years of operation, “at the least 70 p.c of the farmable Undertaking Space, or 4,000 crop acres, shall include agrivoltaics.” (Opinion ¶ 221.) For context, on the time of the evidentiary listening to on Could 15, 2023, the biggest agrivoltaics mission within the nation was Madison Fields (additionally in Ohio), the place 150 acres of soybeans had been planted amongst rows of photo voltaic panels three days earlier. Earlier than Madison Fields, the biggest agrivoltaics mission within the nation was lower than 5 acres.
Who Opposes Oak Run—and Who Helps It?
Like many tasks throughout the nation, Oak Run encountered native opposition. Opponents embrace three township boards of commissioners (the Townships), which issued resolutions in opposition to the mission and intervened within the Siting Board continuing to file testimony and briefs in opposition to it. The county board of commissioners additionally issued a decision in opposition to the mission and intervened within the continuing, however it by no means submitted testimony or briefs. Opponents emphasised visible impacts (or, as they put it, “the inconsistency of the commercial photo voltaic facility with the agricultural character of the realm”), in addition to considerations concerning the lack of farmland.
However this opposition, Oak Run additionally discovered vital native help. The Sabin Middle, by way of the Renewable Power Authorized Protection Initiative (RELDI), partnered with Ohio legal professional Trent Dougherty to assist an area supporter named Dr. John Boeckl intervene within the Siting Board continuing to advocate for approval of the mission. As an intervenor, Dr. Boeckl submitted written testimony and two briefs (see his opening transient right here and reply transient right here) explaining why he helps the mission. Others who intervened in help of the mission had been the native chapter of the Worldwide Brotherhood of Electrical Staff (IBEW), the Ohio Environmental Council, and Ohio Companions for Reasonably priced Power. Supporters primarily emphasised financial and environmental advantages of the mission.
Others intervened with out taking a stance on whether or not the mission needs to be permitted or denied. Specifically, the Ohio Farm Bureau Federation and the Madison County Soil and Water Conservation District intervened for the extra restricted objective of advocating for measures to guard agricultural soils, the farming business, and water high quality. Along with those that formally intervened within the continuing, state and native residents submitted at the least 890 public feedback expressing a variety of views concerning the mission.
How Are Photo voltaic Initiatives Accepted in Ohio?
Photo voltaic tasks in Ohio with a technology capability of at the least 50 MW and wind tasks of at the least 5 MW require approval from the state Siting Board. Smaller tasks are permitted on the county stage.
Renewable vitality tasks face vital disadvantages within the siting course of in comparison with fossil gas tasks attributable to a three-year-old state regulation that permits counties to dam massive photo voltaic and wind tasks—however not massive fossil gas tasks. S.B. 52, enacted in 2021, empowers counties to dam photo voltaic tasks of at the least 50 MW and wind tasks of at the least 5 MW by: (a) vetoing functions for particular person tasks; and/or (b) establishing restricted areas the place any such mission is prohibited. As proven under, at the least 16 counties have now created restricted areas the place photo voltaic is prohibited.
Determine 2: Ohio counties with restricted areas the place photo voltaic tasks of at the least 50 MW are prohibited
Importantly, nevertheless, as a result of Oak Run was already within the interconnection queue on the time S.B. 52 was handed, it’s considered one of a dwindling variety of tasks which can be “grandfathered in” to the Siting Board’s unique management and exempt from county veto or restrictions. The one provision of S.B. 52 that applies to Oak Run is the requirement to incorporate two advert hoc voting members nominated by the townships and county among the many 9 voting members of the Siting Board.
To approve a mission, the Siting Board should “discover and decide,” in related half:
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(2) The character of the possible environmental influence;
(3) That the power represents the minimal adversarial environmental influence, contemplating the state of accessible know-how and the character and economics of the varied alternate options, and different pertinent concerns;
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(6) That the power will serve the general public curiosity, comfort, and necessity;
(7) [W]hat its influence can be on the viability as agricultural land of any land in an present agricultural district …
(8) That the power incorporates most possible water conservation practices as decided by the board, contemplating accessible know-how and the character and economics of the varied alternate options.
Ohio Rev. Code 4906.10(A).
What Is Vital Concerning the Siting Board’s Opinion?
In its March 21 opinion, the Siting Board discovered that Oak Run glad all the statutory standards for approval. Essentially the most vital a part of the choice was the Siting Board’s evaluation of whether or not the mission will “serve the general public curiosity, comfort, and necessity,” a criterion that’s notoriously opaque. 4 key features of the Siting Board’s choice are notably attention-grabbing.
First, even though all three townships and the county by which the Oak Run mission is to be positioned issued resolutions in opposition to the mission, the Siting Board discovered that opposition from native governments was not unanimous—and subsequently didn’t compel rejection. For context, in a 2023 choice rejecting one other mission, the Siting Board held that “the unanimous opposition of each native authorities entity representing the realm by which the Undertaking is to be positioned is controlling as as to whether the Undertaking is within the public curiosity, comfort, and necessity.” Between October 2022 and January 2023, the Siting Board rejected a complete of three photo voltaic tasks on this foundation, abruptly shifting gears after having permitted 34 photo voltaic tasks in a row since 2018.
Within the Oak Run case, the Siting Board didn’t constrain its evaluation as to whether township and county commissioners had issued resolutions for or in opposition to the mission. As a substitute, the Siting Board checked out how particular person commissioners had voted, in addition to expressions of help from different elected and appointed native officers. The Siting Board famous that the county commissioners had been “persistently not unanimous” of their decision in opposition to the mission, explaining that one of many commissioners, Mark Forrest, had testified in help. (Order ¶ 226.) The Siting Board additional famous that the mission “acquired help from the elected President of the London Metropolis College Board, the Superintendent of London Metropolis Faculties, the Treasurer and Chief Monetary Officer of the Jefferson Native College District, the Superintendent of the Jefferson Native College District, and the Superintendent of Benjamin Logan Native College District.” (Order ¶ 226.) This holding exhibits that there’s a excessive bar for opponents of a mission to display unanimous opposition by native governments, and it isn’t adequate merely to point out that the township or county boards of commissioners issued resolutions in opposition to a mission.
Second, the Siting Board examined the deserves of the arguments for and in opposition to the mission and located that most of the arguments in opposition to the mission had been uninformed and with out benefit. For instance, in assessing the opponents’ argument that the battery storage system can be unsafe, the Siting Board defined that it “[did] not discover proof to help the Townships’ rivalry that the proposed [battery storage system’s] related dangers outweigh the advantages it presents.” (Order ¶ 227.) Particularly, the Siting Board discovered that the Townships’ considerations about bodily hurt had been unfounded in gentle of (a) the Townships’ concession that public publicity to lithium was unlikely so long as the battery system was correctly maintained and (b) the developer’s dedication to adjust to relevant rules and business finest practices. (Opinion ¶ 227.) Extra usually, the Siting Board additionally discovered that “some native opposition . . . is probably not absolutely conscious of the commitments agreed to within the Stipulation and Utility.” (Opinion ¶ 228). In reaching that willpower, the Siting Board appeared to just accept Dr. Boeckl’s argument that the Townships “did not substantiate their opposition to the Undertaking”—some extent exemplified on the evidentiary listening to, when the Townships’ witnesses admitted on cross-examination “that that they had not reviewed the Utility and had been unaware of situations relevant to Oak Run.” (Opinion ¶ 213.)
Third, the Siting Board discovered that the mission would have vital and long-lasting financial advantages, together with offering $8.2 million of annual income to native authorities and faculties. (See ¶ 222.) The Siting Board additionally famous that the mission “is projected to create 500 or extra electrical development jobs and 63 long-term upkeep positions, along with long-term jobs that can be created by the agrivoltaics program.” (Opinion ¶ 222.) Right here, the Siting Board appeared to just accept Dr. Boeckl’s argument that the financial advantages of the mission had been “not non permanent,” because the opponents had argued. (Opinion ¶ 204.)
Fourth, in rebutting considerations that the mission would contribute to a lack of agricultural land, the Siting Board leaned on the agrivoltaics part of the mission. The Siting Board discovered that “the dual-land use potential that agrivoltaics unlocks addresses a major concern of Undertaking skeptics: the conversion of land to a use apart from agriculture.” (Opinion ¶ 220.) The Siting Board defined that beekeeping, planting crops between rows of panels, and grazing sheep would enable as much as 70% of the farmable land to remain in manufacturing. (Opinion ¶¶ 220-21.) The Siting Board additional concluded that “Oak Run’s sturdy dedication to agrivoltaics is extra proof of Oak Run’s responsiveness to suggestions from the area people.” (Opinion ¶ 221.)
Along with addressing the methods by which using agrivoltaics mitigates considerations concerning the lack of farmland, the Siting Board emphasised the formidable nature of the mission (describing it because the “nation’s largest agrivoltaics mission”) and the chance to place Madison County and the state of Ohio “on the forefront” of an “revolutionary” apply. (Opinion ¶ 220.) The Siting Board additional emphasised the educational partnership with Ohio State College (OSU), noting that “[t]he collaboration between Oak Run’s sister firm and OSU won’t solely enhance the effectiveness of agrivoltaics at this Facility, however it can assist to ascertain BMPs [best management practices] for the cultivation of crops alongside utility-scale photo voltaic operations, which can additional profit future tasks within the state of Ohio and around the globe.” (Opinion ¶ 220.)
In the end, the Siting Board concluded that, “as a complete package deal, . . . Oak Run presents distinctive alternatives that would offer vital advantages to the state, which outweighs opposition that’s nonunanimous on an area authorities stage and a few native opposition that is probably not absolutely conscious of the commitments agreed to within the Stipulation and Utility.” (Opinion ¶ 228.) The Townships may have a chance to request a rehearing by the Siting Board and attraction to the Ohio Supreme Court docket.
Matthew Eisenson is a Senior Fellow on the Sabin Middle for Local weather Change Regulation, the place he leads the Renewable Power Authorized Protection Initiative (RELDI).