Virginia Solar Developers Pushback on Stormwater Rules

  • This implies that solar developers suggested projects would need to acquire roughly 20% more land if the panels.
  • Millions of solar project dollars are in the queue, and some projects may not be economically viable if developers have to acquire additional land to include more stormwater features.

Virginia solar advocates’ pushback on impending stormwater regulation, floated this summer, that could cost developers millions of dollars and disrupt the state’s recent march toward a renewable energy future. Although, the rules are still under review by state environmental officials. They are connected to an order issued this spring essentially requiring solar developers to treat ground-mounted panels the same as parking lots when accounting for stormwater runoff. This implies that solar developers suggested projects would need to acquire roughly 20% more land if the panels, not just the support posts and beam, are also counted as impervious surfaces incapable of absorbing water. If they couldn’t acquire abutting land to accommodate additional drainage infrastructure, they would likely have to shrink the footprint of their arrays.

The pushback from the Chesapeake Solar & Storage Association (CHESSA), the trade organization representing solar businesses in Virginia and the Chesapeake Bay region, yielded results. Michael Roland, director of the state’s Department of Environmental Quality (DEQ), said in a follow-up April 14 memo that solar projects with interconnection approval secured by the end of 2024 would be exempt from the requirement while all other projects would have to comply.

Chip Dicks, a former Virginia lawmaker who has served as CHESSA’s legislative counsel for seven years, in his comments said, “We need to supply more certainty to solar development, There are millions of solar project dollars in the queue, and some projects may not be economically viable if developers have to acquire additional land to include more stormwater features”. In late October, Dicks said he expected DEQ to follow through on its proposal to release the newest iteration of that guidance in early November. That timeline would have given the agency time to field and review comments and then roll out the final language by the end of the year. However, DEQ spokesperson Aaron Proctor would only say they will be subject to a 30-day comment period once released.

 

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