Somerset Solar LLC receives draft permit
Apr. 5—A draft permit has been issued to Somerset Solar LLC, a subsidiary of AES Clean Energy Development, LLC, by the state Office of Renewable Energy Siting.
This means the company is one step closer to constructing its proposed 125-megawatt solar array on a portion of the 1,800 acres that once hosted Somerset Generation Station.
The draft permit, dated April 5, 2024, notes that Somerset Solar asked for relief from various facets of the Somerset Solar Law. While many of the requested waivers were denied, the company did get partial relief on issues concerning "prime farmland" as well as decommissioning standards set by the town. ORES also said the town's law on hazardous materials is unreasonably burdensome.
ORES determined that Somerset's law, prohibiting placement of solar panels on parcels consisting of 25% or more prime farmland, is "overly burdensome" and so that prohibition was waived. Somerset Solar was directed to adhere to state Agriculture and Markets guidelines for siting solar panels on farmland.
ORES also gave Somerset Solar partial relief from the portion of the town solar law requiring a solar project developer to deposit, at the outset, 125% of the total cost associated with decommissioning panels at their end of useful life, plus 2% each year the project is operated. The state agency said 115% at the outset, plus 2% each year, would be sufficient.
In addition, ORES waived the town's prohibition on solar panels containing cadmium, lead and other hazardous substances such as PFAS. The company will instead adhere to regulations set by ORES.
Elements of the town law that ORES upheld include: minimum setbacks of 200 feet from non-participating property lines, 400 feet from non-participating dwellings, and 100 feet from any dwelling on a participating parcel; and restrictions on siting solar panels on wetlands, waterfront property and agribusiness property.
Somerset town supervisor Jeff Dewart said on Friday that he had not read the draft permit, but that lawyers from Lippes Mathias LLP are scheduled to attend the April 10 town board meeting to explain the new the ins and outs, then the board will decide their next steps.
ORES has scheduled a 6 p.m. June 11 public hearing on the Somerset Solar draft permit at the Barker Central School auditorium. Any comments by members of the public will be welcomed then, but lengthier comments should be submitted in writing, by 5 p.m. June 14, the agency said.
The draft permit and supporting documents can be viewed at https://tinyurl.com/4hjsa2zh.
To submit written comments click the "Post Comments" link available on the upper right-hand corner of the screen.
Somerset Solar's AES Development Manager Mario Rice could not be reached to comment Friday on the draft permit.
