Solar PV Siting in Massachusetts

Zara DowlingJuly 16, 2019

Plan for Today

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Solar siting under SREC solar incentive programs

Structure of the new “SMART” solar incentive program

Current status of SMART

Potential solar incentive program improvements

QUESTIONS?

Municipal solar by-laws

Municipal permitting for solar

QUESTIONS?

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Current Solar PV Status in Massachusetts

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2,100 MW built under previous programs 1001,600 under SMART

o SREC (2010-2013)o SREC II (2014-2018)

Under SREC II: 1001,600 under SMART

o 1000 projects greater than 200 kW (~1 acre) in sizeo 500 of these projects NOT on brownfields, landfills, parking

lots, buildings = ROUGHLY 3,500 acres potentially built on undeveloped land

Clark University Solar Studyo Majority of large projects built on forest land (66% based on

2005 land use cover, 31% based on 2015 land use cover)o Second largest previous land use was agricultural

Solar MA Renewable Target (SMART) Program: The Basics

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Began November 26, 2018 1600 MW total (at least 320 MW of “small projects”) Solar photovoltaic (PV) systems

o Grid-connectedo No more than 5 MW AC capacityo Located in Massachusettso Not in areas served by a municipal utility

MA legislature passed act in 2016; regulation developed by the Department of Energy Resources (DOER)

Incentives come in form of “tariff” payments through a check or direct deposit

How SMART Incentives Work

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Base Compensation Rateo Service territoryo System sizeo Capacity blocks

Adders Subtractors

SMART - Base Compensation Rates

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Range of about $0.14-$0.39

SMART Adders

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Energy Storage Tracking Systems Off-taker Based Location Based

SMART Location Based Adders

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Solar MA Renewable Target (SMART) Program: Ineligible Land Use

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Wetland Resource Areas (unless permitted by Conservation Commission)

Designated permanently protected Open Space (under Article 97)

Land subject to a conservation, agricultural, or watershed preservation restriction (Chapter 184, sections 31-33), provided it is not agricultural land under Category 1

Properties in the State Register (unless permitted by Historic Commission)

Agricultural Land Status and “Dual-Use”

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Part of Chapter 61A program, or has been within previous 5 years

Presence of “Prime Farmland Soils” APR/FVEP Considerations

“Greenfield” Subtractors

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“LARGE” ground-mounted arrays (greater than 500 kW) Located on undeveloped land

o NOT brownfieldso NOT landfillso NOT solar overlay districts

Dependent on zoningo -$0.0005/acre per kWh for industrial and commercial areas

(Category 2)o -$0.001/acre per kWh for areas not zoned for industrial or

commercial use (Category 3)

Category 1 Non-agricultural. Solar Tariff Generation Units not located on Land in Agricultural Use or Prime Agricultural Farmland that meet one or more of the following criteria will be designated as Category 1: vi. Solar Tariff Generation Units that are ground-mounted with a capacity greater than 500 kW and less than or equal to 5,000 kW that are sited within a solar overlay district or that comply with established local zoning that explicitly addresses solar or power generation.

Municipal Bylaw Exception for Subtractors

Land Use and Siting Guideline:What is a solar overlay district? What is meant by complying with established local zoning that explicitly addresses solar? Projects located in a solar overlay district, sited by as of right siting, or sited in an area where solar is explicitly allowed with special permits, may fall under this categorization.

Municipal Bylaw Exception for Subtractors

THE BOTTOM LINEMunicipal Bylaws and State Regulation

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If your zoning bylaw mentions solar as a potential land use by-right or special permit, ground-mounted systems (>500 kW) will be exempt from the Greenfield Subtractor

Current SMART Program Status

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Current SMART Program Status(my numbers based on publicly-available data from DOER)

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629 MW of projects proposed in first week758 MW of projects “qualified and under review” as of March 13, 2019 of >25 kW, ground-mounted projects: 75% of projects and 90% of

capacity DO NOT qualify for a location-based adder of 193 ground-mounted projects >500 kW, that do not qualify for

an adder: 61% are getting no subtractor (65% of capacity) energy storage is allowing projects to have large footprints

(acreage) and still meet 5 MW AC cap

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Analysis demonstrates most projects classified as Category 1 Land Use are not qualifying for a Location Based Adder

• Over half of all Large Applications are located in some type of open space, and are not subject to a Greenfield Subtractor

Category 1 w/ Location Based Adder: 166 MW (20%)

Category 1 w/o Location Based Adder: 421 MW (51%)

Category 2: 47 MW (6%)

Category 3: 192 MW (24%)

Percentage of all large projects submitted and qualified

Current SMART Program Status(DOER presentation to SEBANE, June 20, 2019)

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Further analysis show 61% of all projects in Category 1 are meeting eligibility criteria by complying with local solar specific zoning criteria

Ground Mounted <= 500 kW: 5 MW (1%)Brownfield: 10 MW (2%)Landfill: 29 MW (5%)Canopy: 36 MW (6%)Building Mounted: 89 MW (15%)Ground Mounted Previously Dev: 60 MW (10%)Ground Mounted Zoning: 356 MW (61%)

Percentage of all large Category 1 projects submitted and qualified

Current SMART Program Status(DOER presentation to SEBANE, June 20, 2019)

Current SMART Program Status(my numbers based DOER presentation)

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72% of capacity / 73% of large projects are on undeveloped land

60% of projects that “should” be getting a subtractor aren’t, due to local zoning bylaw loophole

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• 400 MW Review is required to look at compensation rates, adders, and total program costs:

(5) Review of Compensation Rates. Upon issuing Statements of Qualification for 400 MW of Solar Tariff Generation Units, the Department will conduct a review of the Base Compensation Rates, Compensation Rate Adders, and overall cost impact to ratepayers to determine if any revisions to the SMART Program are necessary.

• DOER proposes to examine the following issues as well:

Land use impacts

Accessibility of program to low income communities

Addressing program oversubscription

Geographic and project type diversity

Other administrative fixes

DOER 400 MW Review - SCOPE(DOER presentation to SEBANE, June 20, 2019)

Contact your representatives and DOER regarding concerns about the SMART program

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400 MW reviewhttps://www.mass.gov/forms/subscribe-to-doer-email-lists Remove municipal bylaw loophole for greenfield subtractors Increase Adder values to incentivize development of desirable sites

(e.g. parking lot canopies, landfills, brownfields) Increase Subtractor values to reduce subsidies for development of

greenfield sites Provide solar array size cap in MW AC as well as MW DC

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DOER 400 MW Review - TIMELINE(DOER presentation to SEBANE, June 20, 2019)

• Mid Summer 2019-Present 400 MW straw proposal

• Late Summer 2019- Collect comments and draft regulation

• Late Summer/ Early Fall 2019- File regulation

• Winter 2019/ 2020- Promulgate regulations and file tariff changes

Contact your representatives and DOER about what kind of siting you would like to see in a future solar program…

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Ask state representatives to explore an alternate process to certify commercial roofs and parking lots for solar development (MassWorks Grants?) Limitations based on land type were included in the initial SMART

program straw proposal, but were subsequently removed (next slide) Currently, high fixed costs for interconnection limit location of solar

systems, and encourage large developments Create a more reliable incentive program that smooths out the

“solar coaster” – which is bad for business and municipal board decision-making Legal help for small municipalities? Advisory committee to study the issue and make recommendations

Original DOER “Straw Proposal” Language

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Ground mounted projects will be prohibited from qualifying if sited in any of the following areas:

• MassDEP Wetlands • Prime Farmland Soils• Prime Forest Land• BioMap2 Core Habitat and Critical Natural Landscape• Designated Priority Habitat of state-listed rare species • Permanently Protected Open Space• Land designated as “Forest Land” under Chapter 61• Any Archaeological site listed in the State Register of Historic

Places or Inventory of Historic and Archaeological Assets of the Commonwealth

QUESTIONS?

THE BOTTOM LINEMunicipal Bylaws and State Regulation

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If your zoning bylaw mentions solar as a potential land use by-right or special permit, ground-mounted systems (>500 kW) will be exempt from the Greenfield Subtractor

Municipal Bylaw Considerations

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MA Zoning LawNo zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare.Guidance from MA DOER:https://www.mass.gov/files/documents/2017/10/16/model-solar-zoning-guidance.pdf

Green Communities RequirementsCriterion 1 is met by a municipality passing zoning in designated locations for the as-of-right siting of renewable or alternative energy generating facilities, research and development facilities, or manufacturing facilities

Municipal Bylaw Considerations

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Some towns have implemented temporary moratoriums while developing new bylaws. Streamline permitting for preferred project types/locations – e.g.

building permits for canopy and building-mounted systems Zoning Visibility – Viewshed Analysis, Glare Analysis Slope Property Line, Wetland, and other Setbacks Stormwater Design Criteria and Management Plan Sedimentation and Erosion Control Requirements Lighting Vegetative Buffers “Pollinator-Friendly” certification requirements

Pollinator-Friendly Solar PV Certification ProgramStarting 2019UMass Clean Energy Extension

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https://ag.umass.edu/clean-energy/current-initiatives/pollinator-friendly-solar-pv-for-massachusetts

Native Plantings to Benefit Pollinators

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Wildlife Passage and Habitat

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Slide 35Photos by Curtis Ballou

Municipal Permitting Considerations(Planning Boards)

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Follow Open Meeting Laws and required Timelines Stormwater Review Third Party Consultation PILOT Payments Bonds for Decommissioning Consider Aesthetics

Municipal Permitting Considerations(Conservation Commissions)

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Follow Open Meeting Laws and required Timelines Coordinate with the Planning Board Wetland Boundaries and Stormwater Review Third Party Consultation MA DEP Guidance:https://www.mass.gov/guides/massdep-wetlands-program-policy-17-1-photovoltaic-system-solar-array-review#-siting-photovoltaic-systems- Don’t be afraid to contact your MassDEP circuit rider! You can require weekly site checks. You can use your discretion in the buffer zone. You can ask for limited vegetation management in the trim zone.

Contact Information

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Zara Dowling, Ne zara.dowling@g978-544-3860

Good time g