Johnson and Douglas Counties have been preparing permitting standards in anticipation of applications for utility-scale solar development. One energy company hopes to win approval for a project which would cross the county lines. Here’s the latest information on the status of governmental regulatory efforts in both counties. Johnson County Johnson County has compiled all documents received by the Planning Commission and Board of County Commissioners to make it easier for the public to find. Updates are posted at Proposed Solar Facilities Amendments | Johnson County Kansas (jocogov.org). The Board of County Commissioners has the authority to approve, amend, or reject the Planning Commission’s recommended solar facility regulations. At a special meeting on April 4, 2022, the BOCC voted to send the proposed solar amendments back to the Planning Commission. Local Sierra Club members were among the 40 people who made comments after staff and consultant presentations. The BOCC instructed the Planning Commission to review the following proposed amendments, all of which Sierra Club supports: Clarifying off-site street maintenance and repair requirements; Allowing battery energy storage facilities for Medium-Scale Solar Facilities; Adding a performance standard for battery energy storage facilities and requiring applicants to supply, and assume the costs, of specialized fire safety equipment or other protections; Adding other clarifications recommended by planning staff; Increasing the conditional use permit term from 20 to 25 years with a one-time automatic 5-year extension if the project is in compliance; Increasing the maximum project area from 1,000 acres to 2,000, with a waiver option; Reducing the city buffer distance from 2 miles to 1.5 miles, with a waiver option; and Adding CUP standards if necessary for impact on surrounding landowners due to the addition of transmission lines to service solar facilities. The BOCC’s recommendations for the Planning Commission will be on the agenda of a special Planning Commission meeting for further consideration. This meeting is scheduled for Tuesday, May 10 at 5:45 p.m. in the Board of County Commissioners hearing room (111 South Cherry Street, Olathe). This date is subject to change. The Planning Commission has until May 24 to further discuss and reconsider the solar amendments before meeting with the BOCC again. Details and instructions on how the public can participate in the Zoom meeting will be posted one week prior to the Planning Commission meeting. HOW TO PROVIDE PUBLIC COMMENTS Deadline for written comments on an agenda item is 2 p.m., May 9. Submit comments to pllanner@jocogov.org, with your name, mailing address, and the agenda item you desire to comment upon. All comments received by the deadline will be made part of the record and emailed to the Planning Commission. Deadline for registering to speak by Zoom or in person is 2 p.m., May 10. Email planner@jocogov.org with your name, mailing address, and the phone number you will use if you don’t join by computer. Speakers will be called in the order they signed up, alternating Zoom and in-person speakers. Douglas County On April 20, 2022, the Douglas County Commission unanimously approved a text amendment for solar energy conversion standards, rejecting a suggestion to send the amendment back to the Planning Commission for inclusion of an agrivoltaics requirement for every project. Staff were directed to prepare a resolution for adoption of the amendment. Kansas Sierra Club lobbyist Zack Pistora was present to advocate for approval of the Planning Commission’s pro-solar proposal. The Kansas Sierra Club was the only state-wide environmental group to offer public comments. These new Douglas county solar standards will provide ample opportunity for utility-scale solar development. Although the acreage limit and 25-year maximum for conditional use permits are not ideal for the largest projects, the County relied on extensive research and constituent engagement to forge a reasonable compromise. Solar developers frequently create 1000-acre projects which can generate 100-125 megawatts of electricity. Reduced grading requirements will limit the carbon footprint created by the building process. Developers are encouraged to adopt land-friendly practices but are not required to provide agrivoltaics. Environmentalists are excited about agrivoltaics – dual land use for energy creation and agricultural uses such as sheep grazing or vegetable production- but utility-scale energy companies are focused on electricity, not agriculture.