Split board passes solar farm agreements

GOSHEN — Almost two years after their last vote allowing a solar facility to be built in the southeast corner of Elkhart County, the county commissioners narrowly approved a number of safety and operations agreements.

The Elkhart County Board of Commissioners on Monday passed a series of agreements with Savion Energy for the 100-megawatt solar facility the company is building in Benton Township. Savion got the green light in September 2022 when the board voted to rezone close to 900 acres at S.R. 13 and C.R. 146, based on newly adopted development standards specific to solar installations.

The board approved the rezoning on a 2-1 vote, after unanimously rejecting it a year earlier. The 2022 vote came with a number of conditions, such as barring Savion from installing underground batteries.

The company was also required to submit several plans and agreements for the county’s approval: An operation and maintenance plan, an emergency response plan developed with first responders, an agreement over decommissioning the facility at the end of its life and a road maintenance agreement.

“I really appreciate all the effort that went into this. We don’t often have a county who’s as engaged and wants to be involved in the plans in this way,” said Sara Mills, Savion development director. “And the feedback that we received from the neighborhood but also the emergency response staff, first responders, the planning department, the county attorney and county administrator, all the people who have been involved in putting this together. It’s been very useful and I’m very appreciative.”

The facility is expected to go online in late 2025. Indiana Michigan Power announced in 2023 that it would buy the full output of the solar plant.

County attorney Craig Buche said earlier versions of the decommissioning and road use agreements were previously approved as part of the original economic development incentive project.

“The decommissioning plan has been submitted as a part of that, which was prepared as required by the agreement and certified by an Indiana professional engineer. It was approved and prepared by Environmental Consulting and Technology,” he said. “The decommissioning will require financial security in the form of either a letter of credit, a bond or other proof of security that would be subject to Elkhart County’s approval, in the amount of $4,311,753, based upon the decommissioning costs outlined in the decommissioning plan.”

He said the road use agreement, which involves the 2¼ miles of county roads that will be impacted by the project, was reviewed and approved by the Elkhart County Highway Department. It will require a letter of credit or other financial security in the amount of $772,200, which Buche said is based on county ordinances and the total mileage impacted.

“The operations and maintenance plan has been reviewed by the planning office, and the emergency response plan has been reviewed by the emergency management department as well as some associated affiliates they have in terms of hazmat and other emergency response agencies,” he said.

The board passed the package of agreements on a 2-1 vote. Commissioner Bob Barnes, who was not on the board at the time of the 2022 vote, was opposed to accepting the agreements.

Commissioner Brad Rogers had voted against the rezoning in 2021 and 2022 as well as the solar development standards ordinance. Ahead of voting in favor of the four agreements Monday, he read a statement expressing his continued opposition but saying he wouldn’t pull the rug out from under Savion at this point.

“Savion did everything the commissioners asked them to do, particularly the emergency response plan, which was my greatest concern. I voted no against the solar ordinance as I did not believe it went far enough in protecting the property rights of landowners around the solar utility, but commissioners at the time voted 2-1 to pass the ordinance,” he said. “I’m not particularly against solar in general, nor against Savion specifically, particularly if someone wants solar on their private property, personal use, or parking lots or brownfields or atop factories or buildings. But this particular project is a major solar utility affecting many adjacent properties and homeowners.”

Rogers said he used to be on the fence about people placing solar panels on their own property, but he no longer sees it as a matter of property rights. He also sniped at economic incentives for solar installations.

“It is not a matter of property rights when what you do on your property affects my property, my health and my livelihood. To make matters even worse, you’re taking money from the taxpayers of this country now and far into the future generations to help create this boondoggle,” he said. “However, the commissioners at the time sent a clear signal to Savion that the property was rezoned and they may proceed.”

He said Savion put in the work to provide an emergency response plan and meet other requirements. Rogers also pointed to the energy needs of industry in the county, saying he doesn’t believe solar is efficient but at least Savion represents a project that’s ready to go.

“Elkhart County is in a critical state of not having enough power for industry. This is the fault of our national and state policies and our local utilities not planning ahead,” he said. “The solar utility project is ready to be built and the power will now stay local, so we might as well benefit from it. But in case another solar company or a farmer willing to lease their land for 30-plus years in the future are observing this meeting or hearing this statement, do not think I will be in favor of rezoning for another large solar project in Elkhart County any time soon, if ever.”