The clock is ticking for solar companies and local towns in Genesee County.
Last week, three companies contacted Stafford Zoning Enforcement Officer Gerry Wood asking where the Town is at with their solar law. The companies are looking to occupy about 32 acres on Clipnock road, says Wood. The project would be 5 megawatts.
“The clock starts when they apply and they present contracts with land owners according to state law,” says Wood.
The Town of Stafford is in the process of creating a new solar law that states what the new zoning rules are for industrial solar farms.
At last Monday’s regular Town Board meeting, the board voted 4-0 to introduce the new solar law as a resolution. A public hearing was also set for May 13, 2019 at 7:00p.m. at Stafford Town Hall.
Solar companies are looking for a PILOT(Payment in lieu of taxes) agreement that would be negotiated by the IDA and would make the property 100% exempt from property taxes. NYS law says Renewable Energy Systems get a 15 year agreement. Any project over 25 megawatts, NYSERDA will authorize the project under an Article 10 Law which overrides the town’s zoning laws.
If a town decides to opt in, solar developers can negotiate a PILOT. If a town decides to opt-out, it would make the solar farms fully taxable. Genesee County opted out in 2018. GCEDA/IDA is the only vehicle to negotiate a PILOT with the solar developer.
County Legislator Andrew Young, who sits on the Economic Development Board and who was in attendance at the regular Stafford Town Board meeting says he voted no for giving solar companies a PILOT.
“Its not because I hate solar power or anything like that, its not political, republican or democrat. When I make a decision as a an Economic Board member I do it based on what the economic development brings to our community, I didn’t see any economic development being brought to our community, so I couldn’t vote for it.”
Stafford Councilman Ron Panek says he doesn’t see why the Town of Stafford should give solar developers tax breaks.
“They want what we got, they are not offering jobs, they are not offering anything, so tax them.”
In February, NYSERDA announced a large scale solar project in Byron that is the size of the Bergen Swamp and will take up 1500-2000 acres of farmland.
The ‘Excelsior Energy Center’ would produce 280 megawatts of power and be able to store 20 megawatts. The project will be constructed under NYS Article 10 law.
In the March 13, 2019 regular Byron Town Board meeting, Next Era Energy Resources representatives, who is the solar developer in Byron and Steve Hyde, President and Chief Executive Officer of the Genesee County Economic Development Center (GCEDC) were in attendance to discuss PILOTS and the only Article 10 project in Genesee County.
Video News Service was able to read the minutes from the meeting and look at Hyde’s presentation on PILOT before the meeting minutes and the presentation was removed from the Town of Byron website. At this time it is not known why the information was removed.
In the March 13th meeting, Councilwoman Suzanne Fuller questioned whether the agricultural land being used will be taxed as ag land.
Byron Town Assessor Barry Flansburg says all of the land designations would be thrown out and it will be based on the PILOT. Hyde says it would be revenue in addition to taxes paid .
Resident Jack Redick asked how a solar farm affects property value. According to Flansburg, property values are based on what is happening now, not what might happen in the future.
Resident Jim Northup wanted to know what the timeline and scope of the project is. Keddy Chandran, a representative from Next Era Energy Resources replied, we would like to begin construction and be online by the end of 2022. It will be decided through an Article 10 process. They would like it to be between 1,500-2,000 acres.
Resident Cathy Hensel then asked how soon would the EDC need to know if the Town would be willing to work with them?
Hyde said, the sooner the better.
Resident Josh Kent asked if there was a representative from the Town or the school assisting in negotiations?
Hyde said they will be having work groups with different groups.
County Legislature Chairman Bob Bausch was also in attendance and says the approval process for the project will be very lengthy and the county will have a very limited role in that process.
Byron Town Supervisor Roger Rouse says input on the solar farm will be compiled from the town residents and for the input to be utilized, it’s important that residents attend any upcoming Town Board meetings held on the second Wednesday of the month or a Planning Board meeting held on the first Tuesday of the month. Meetings begin at 7:00 pm.
Steve Hyde/GCEDC presentation below