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Florida Lawmaker Again Files Bill That Would Help Break Monopoly-Solar Stranglehold

Florida State Senator Jose Javier Rodriguez

Florida Lawmaker Again Files Bill That Would Help Break Monopoly-Solar Stranglehold

JERRY IANNELLI | JANUARY 4, 2019 | 10:33AM

In most states, it's legal for property owners to sell home-generated solar power to others, including tenants. This is usually called a "power-purchase agreement" — your landlord, for example, might put some solar panels on top of your apartment building and charge a dirt-cheap rate to buy power from her or him, instead of from the local power company.

But thanks to a state law that favors the state's ultrapowerful energy oligopoly, Florida remains one of the last four states where this sort of relationship is basically illegal. According to state Statute 366.02, almost anyone who sells power in Florida is considered a "public utility" and subject to the same rules as a major, multibillion-dollar energy conglomerate.

State Senator Jose Javier Rodriguez on Thursday filed a bill that would, if enacted, finally legalize power-purchase agreements across Florida — it would exempt "a property owner who owns and operates a renewable energy source device... with a capacity of up to 2.5 megawatts on his or her property and who produces and provides or sells renewable energy from that device to users located on the property" from the state's public utility laws.

The bill does not legalize full-scale solar leasing from companies, which also remains illegal in Florida. Instead landlords would need to fully "own and operate" their own solar-panel rigs.

"Florida is far behind its potential when it comes to solar energy and for some time now, the main reason for that is politics," Rodriguez messaged New Times. "Simply put, the big utilities use their political muscle to maintain outdated monopolies."

Despite the United Nations saying the globe needs to hit zero total carbon emissions by the year 2050, Rodriguez's bill keeps failing in Tallahassee: He filed slightly different versions during the 2017 and 2018 legislative sessions. Both bills died in committee.

It's not exactly a secret why: Florida's regulated energy monopolies — Tampa Electric, Duke Energy, and Florida Power and Light (which just bought Florida's fourth major company, Gulf Power) — clearly see increased home-solar adoption as a threat to their business models. Power-purchasing agreements were infamously at the heart of 2016's battle over Amendment 1, the fraudulent amendment that the state energy monopolies designed to trick voters into giving away some of their rights to home-installed solar panels.

That fight began because an actual grassroots group, Floridians for Solar Choice, was trying to get signatures for a petition that would have legalized power-purchasing agreements. Then a second group, called Consumers for Smart Solar, magically showed up and began canvassing for a different, allegedly pro-solar amendment. But Consumers for Smart Solar was actually funded by power companies. Sal Nuzzo, a vice president of the James Madison Institute in Tallahassee, was reportedly caught on tape admitting the measure was "an incredibly savvy maneuver”designed to "completely negate" solar-energy proponents' efforts. That measure failed.

But since then, efforts to increase local access to solar panels in Florida have also seemingly stalled. In 2014, Floridians for Solar Choice released a white-paper describing how Florida's energy laws are designed to keep home-installed solar panels as expensive as possible. The group wrote that state law Section 366.02 needs to be rewritten or abolished:

At present, according to Section 366.02, Florida Statutes, any private entity selling electricity in Florida is considered to be a “public utility” subject to regulation by the Florida Public Service Commission. In practice, this prevents the use of power purchase agreements (PPAs), a financing strategy used in many other states. Under a PPA, a developer installs a solar PV system on a property and sells the electricity generated by the system to the property owner. This sale generally takes the form of a long-term contract, which provides both the solar developer with a predictable income stream and the property owner with a fixed price for electricity. In many markets, this electricity price is lower than the retail rate of electricity offered by utilities, which provides a powerful financial incentive for participation

But at present Tallahassee appears to have no appetite for doing this. And Florida's energy monopolies have vastly increased the number of solar-energy farms they plan to build in coming years. (FPL is also developing its own "shared solar" program, reportedly set to launch in 2019.) Of course, the amount of solar power companies such as FPL plan to generate remains far lower than the power produced by carbon-emitting natural gas.

"The legislation I am again advocating for is aimed at increasing competition in the production and distribution of solar energy," Rodriguez says. "There is an extremely broad coalition in support of this, from the business community, to local governments, to of course environmental groups. The only opponents are big utilities."

Boonville (IN) solar farm to power sewage plant

Posted by Laura Arnold / January 06, 2019 / Posted in solar / No Comments

Southern Indiana city plan solar farm to power sewage plant

Updated 8:45 am CST, Saturday, January 5, 2019

BOONVILLE, Ind. (AP) — A southern Indiana city is aiming to hold down future increases in sewer bills by building a 4-acre solar farm.

Boonville officials are moving ahead with an estimated $1.7 million project for the field of nearly 2,000 solar panels to power its new sewage treatment plant.

The city expects to sell excess electricity that's generated to the utility company Vectren. Projections are that the city will save about $17,000 a month or $6 million over the next 30 years.

Mayor Charles Wyatt says he's glad the city about 15 miles northeast of Evansville can use green energy to reduce expenses for the sewage plant.

Family considered options before agreeing to Ranger Power solar project in Shelby Co. (IN)

Posted by Laura Arnold / January 03, 2019 / Posted in solar, Uncategorized / No Comments

Family considered options before agreeing to solar project

Jan 02, 2019

Ranger Power will bring another special variance request before the Shelby County Board of Zoning Appeals in 2019. The company wants to create a solar farm in northeastern Shelby County that will produce nearly 200 megawatts of energy.

By JEFF BROWN - jbrown@shelbynews.com

A simple knock on the door brought an intriguing offer to Charlene Shingleton.

Ranger Power was interested in building a solar project in northeastern Shelby County and was seeking land to lease.

“My first instinct was NO,” explained Shingleton. “But when they talked to us and they explained it and we did our research and we went to our lawyer ... then it started to click.”

The Shingleton family, who farm 800 acres in Shelby County, agreed to lease 180 acres to Ranger Power as part of a much-larger project – one that is pitting neighbor against neighbor in and around Morristown and Gwynneville.

With interest mounting in early 2018, the Shelby County Plan Commission approved an ordinance regulating solar energy production in Shelby County. Ranger Power moved forward striking deals with land owners to amass enough property to house a quantity of solar panels that would produce nearly 200 megawatts of energy.

The next step was getting the Shelby County Board of Zoning Appeals (BZA) to approve a special variance to allow solar panels on agricultural land. Concern from residents not involved in the project mounted as the BZA meeting approached on Nov. 13.

At that 3-hour-plus meeting, which was moved to the Strand Theatre in downtown Shelbyville to accommodate the expected large gathering, the BZA denied Ranger Power’s petition by a 3-2 vote.

That did not end the proposed solar farm. Ranger Power took the feedback it received and restructured its plan and has re-filed for another variance. No date has yet been announced when the BZA will again consider the project.

The process has left those on both sides of the project frustrated.

“The first thing I get upset with is I have my property rights,” said Shingleton, who lives on E 700 North in Shelbyville. “I’m a landowner. We have the right to farm whatever we want. So if we want to do corn, soybeans, hay or a solar farm, that should be part of our right.”

Opponents of the solar farm cite potential drainage issues from the land housing the panels, the sheer footprint of the project and the unknown entity of safety surrounding a project such as Ranger Power’s which is expected to exist for at least four decades.

Shingleton understands the concerns. Her family discussed all of them before making its decision to join the project.

“It involves my brothers and sisters and I and my mother. We’re all in this together and we talk about it a lot. We talked a lot about it before we did anything. We wanted to make sure it was the right thing to do,” she said. “We kept coming back with the future generations ... it’s what needs to happen. We have to get past the money part. We have to get past who is technically involved. We have to open up to what the future is for everyone. We need solar power. We need clean, green energy.”

The Shingletons will still rotate corn and soybeans on their remaining 620 acres and have 180 acres creating solar energy.

“(Farming) has been tough. We had the high time. Now we’re at the low time. It’s going to be tough for a lot of farmers, us included, depending on how long it stays down,” said Shingleton. “That wasn’t our biggest factor for doing it. We looked at it as the future for my kids and my grandkids. If we don’t change what we’re doing, what is life going to be like around here even in 10 years?”

Shingleton, who lost her father, a farmer, at the age of 54 to lymphoma cancer she said caused by Roundup, has extensively researched the project to alleviate her own concerns about solar energy. And she believes Ranger Power has gone above and beyond to answer any of her questions.

“I asked about the solar panels and I researched about the solar panels because I didn’t want to be my dad,” she said. “I’m 56. I don’t want to die.”

While disappointed in the BZA’s November decision, Ranger Power will bring a revised plan – one that addresses concerns over landscaping and drainage, the proximity of the solar panels to current homes and a decommission plan – to another meeting with the expectation it will meet all the criteria established by county officials.

“We feel that the first go around our application met all the county requirements but there are always ways to improve things,” said Pete Endres, development manager for Ranger Power, in a December interview with The Shelbyville News. “So we took the feedback we received, not only from the BZA members but other community members and neighbors to the project that came forth, and we redesigned the project.”

In the end, having the ability to be part of a green energy project seemed like the right thing to do to Charlene Shingleton.

“We need to be thinking of future generations ... power wise,” she said. “We can’t live off fossil (fuels) anymore. We’ve got to go to green energy. Why not be part of the new future?”

Even if it is not a popular decision amongst some neighbors.

“We are very confident in what we’ve decided to do,” she said. “We feel they are violating our rights in different ways because they are not allowing us to choose the crop we want to use. It’s basically still a crop. It’s not agricultural, we’re not corn and beans, it is just going to be solar panels out there.”

Neighbor vs. Neighbor

Ranger Power's proposed solar project has divided neighbors for and against the project in northeastern Shelby County. Following the Shelby County Board of Zoning Appeals' denial of Ranger Power's special variance request on Nov. 13, the company has restructured its plan and will step before the BZA sometime again in early 2019.

In the Dec. 13 edition of The Shelbyville News, Pete Endres, development manager for Ranger Power, explained the new plan and his hope that the company can find a fair and manageable deal for all involved.

In today's edition, Charlene Shingleton, who is leasing 180 acres of farmland to Ranger Power, addresses her family's feelings over the project.

TSN is currently setting up interviews with family's opposed to the project. Once complete, a story will publish detailing their concerns.

Blown away: Apex Clean Energy wind project leaves Henry and Rush counties (IN)

Posted by Laura Arnold / December 25, 2018 / Posted in wind / No Comments

12/19/2018 4:13:00 PM
Blown away: Apex Clean Energy wind project leaves Henry and Rush counties

Travis Weik, Courier-Times ReporterThe Flat Rock Wind Project is dead in Henry County.Flat Rock Wind was a planned industrial wind farm that called for turbines in southern Henry and northern Rush Counties.

“It’s with a heavy heart that Apex Clean Energy has made the difficult decision to terminate our project in both counties,” Apex Clean Energy Senior Development Manager Erin Baker announced Tuesday.

Baker said it has become increasingly difficult over the last several years to maintain the Flat Rock Wind project timeline due to the lack of certainty regarding local government regulations.

“The resulting delays, combined with capacity constraints on the electrical grid, have made it infeasible for us to continue our investment in the project,” Baker said.

Baker said the Flat Rock Wind project would have provided “nearly $2.5 million in economic development payments, as well as millions of additional dollars in annual property tax payments and landowner lease payments” to Henry County.

According to the announcement, Apex will be releasing Flat Rock Wind landowners from their leases over the next several weeks in order “to free up more resources for our other Indiana wind projects.”

Apex reported Aug. 8, 2014 that they had more than “22,000 acres under lease” in the Flat Rock Wind project area.

“I don’t think it’s a surprise,” Henry County Zoning Administrator Darrin Jacobs said about the Apex announcement. “Their commission approved use was up for renewal in May 2017 and the planning commission denied their renewal.”

The commission-approved use for the Flat Rock Wind project expired May 21, 2017 and the company’s request for an extension was denied July 20, 2017.

“As far as we’ve (the planning commission) been concerned, that project as originally submitted has been dead since that point,” Jacobs said. “I’m assuming at this point that they don’t have any intention to re-submit a new set of plans for a commission approved use. The planning commission hasn’t had contact with Apex since it was denied.”

The Flat Rock Wind project would have been in the southern part of the county. Ed Yanos is the commissioner for that district.

Like Jacobs, Yanos was not surprised to hear the announcement.

“To me, the writing was on the wall for Apex,” Yanos said. “I believe it was probably a forgone conclusion.”

Peg Stefandel, who will represent District 3 on the county council starting in January, was excited to hear the news Tuesday about Apex.

“Hallelujah!” Stefandel said. “For the county itself, I think it’s amazing.”

Stefandel said the southern part of Henry County can look forward to growth now. She expects towns in her district, like Knightstown and Middletown, to see a lot of growth in the next 10 years as progress moves eastward from Indianapolis.

Stefandel pointed to areas like Pendleton, New Palestine and Fortville as predictions of the Henry County’s future.

“We have to be patient and grow with it,” Stefandel said. “The more families and communities we develop, the more businesses will come here.”

Stefandel said people are the first thing that allow growth and people don’t want to live around industrial wind turbines.

“I want people who live here to enjoy living here,” she said.

Stefandel remains concerned about other parts Henry County, however.

She said the energy company Calpine is still looking to develop a wind farm north of U.S. Hwy 36.

Derek Reiman, from Calpine’s Big Blue River Wind Farm, presented “draft form” documents to the Henry County Commissioners in November.

The Henry County Planning Commission agenda for Thursday does not include anything from Calpine.

“There’s nothing to discuss because they haven’t submitted anything,” Jacobs said Tuesday afternoon.

Henry County Commissioners end 2018 in midst of more windy debate

Posted by Laura Arnold / December 25, 2018 / Posted in Uncategorized / No Comments

Commissioners end 2018 in midst of more windy debate

Dec 21, 2018

By DARREL RADFORD - dradford@thecouriertimes.com

Commissioners seemed to ask “What’s the problem?” People in the spacious former Henry Circuit Courtroom seemed to say “What’s the hurry?”

The final commissioners meeting of 2018 was a microcosm of a tumultuous 2018 dominated by debate over wind turbines. During a meeting filled with sarcastic remarks toward commissioners, paparazzi-like treatment for two Big Blue River/Calpine officials as they left the meeting early and unanimous passage of five wind turbine-related measures, the old year roared its way out the door like a wind-blown lion.

Commissioners said they were acting in the county’s best interests by passing the five measures that included establishing a transportation plan regarding roads and drains; creating a decommission plan from 5 to 8 years; approving indemnification and escrow agreements and stipulating annual training be provided to emergency responders should a wind turbine project ever be built.

“In reality, we’re just setting regulations before Big Blue River/Calpine determines where to apply for a permit,” Commissioner Kim Cronk said.

Susie Eichhorn drew applause for her comments at the end of the meeting, questioning why such action was even necessary when so many in the county have said they don’t want the turbines here in the first place.

“Those agreements could have been tabled and considered later,” Eichhorn said. “I’m sure that you three have served the county very well on most issues with the county. This single issue is the one issue that may affect most every person living in the county, and I think you know in your heart of hearts that there are a lot of people who do not want this. A lot.”

“We’ve had over 1,000 signatures on a petition, we’ve attended hearings, we have had town resolutions passed by 13 towns in the county saying they do not want turbines,” Eichhorn continued. “We now have 11 towns who have signed an ordinance saying they do not want these near their towns, and yet you’re very open to immediately signing these agreements before the end of the year.”

Eichhorn then spoke to each commissioner directly.

“Butch, I’m sure you really have been a good civil servant, but I don’t think you’re representing the people by signing these agreements,” she said.

“Kim, I think you’re sabotaging your very own community where you live,” she said to Cronk. “And Mr. Yanos, I imagine that your term will end in 2020. I fully expect to see a wind lease signed by you after that point.”

“You won’t see one,” Yanos replied.

“I hope that is the case,” she said.

Commissioners and attorney Joel Harvey emphasized the issues passed were simply establishing procedures and a groundwork if a wind company wants to proceed.

Patron Dan Richey asked for clarification, stating “Did I hear they do not go into affect until a commission-approved use is approved?”

“With the exception of the escrow agreement, that is correct,” Attorney Joel Harvey said, referring to a stipulation a wind company must put up $75,000 in escrow funds before proceeding, money the county can use for engineering expenses and inspections.

“Since these are moot until the time a CAU is approved,” Richey continued, “this in no way should influence the planning commission on their decisions concerning a CAU and it should not be used as evidence that we already have agreements in place and influence the decision of the planning commission – is that correct? Because Calpine will mention they are approved and I’m sure other members of the planning commission will mention that they’ve been approved. But they are not effective until the CAU’s approved on its own merit?”

Harvey said someone could come in and say these agreements have been passed, but conversely, “these things don’t become effective until the CAU is approved, so they don’t mean anything.”

“There will be a public hearing on the CAU application if and when it is submitted, so you will have an opportunity to speak,” Harvey said.

To date, no such CAU application for a wind farm project has been submitted.

“In reality, we’re just setting regulations before they determine whether to apply for a permit,” Cronk said.

Harvey’s explanations not withstanding, many questions linger about plans Calpine/Big Blue River Wind Farms have for between 80 and 100 turbines in northwestern Henry County.

“Has Calpine sold the power? Would have been a good question to ask,” Eichhorn said.

Martin Tobey summed up the final Commissioners meeting when he made reference to the fact that Calpine officials left the meeting immediately after Commissioner action on the wind-related issues.

“A good example of ethics happened tonight,” he said, claiming that those who really cared about the county would have stayed for the entire meeting.