Commissioners Approve Resolution Opposing HB 1381Saying land use decisions is best left up to local control, the Kosciusko County Commissioners Friday approved a resolution opposing Indiana House Bill 1381.
A digest of HB 1381 on the Indiana General Assembly website states that the bill “provides that a permit authority for a local unit may not restrict, or impose conditions or limitations on, the construction, installation, siting, modification, operation or decommissioning of wind power devices in the unit unless the unit first adopts a wind power regulation. Provides that a permit authority may not impose standards that: (1) concern wind power devices in the unit; and (2) are more restrictive than the default standards.”
HB 1381 was authored by Rep. Edmond Soliday; co-authored by Reps. Sharon Negele and Justin Moed; and sponsored by Senators Mark Messmer and Eric Koch.
The full web page can be found at http://iga.in.gov/legislative/2021/bills/house/1381#digest-heading.
County attorney Ed Orsmby presented and read the county’s resolution opposing HB 1381 to the commissioners. He said HB 1381 is pending down in Indianapolis and it’s in regard to wind and solar plants. HB 1381 says local authority may not impose “standards that are more restrictive than the default standards that are adopted in this bill.”
The resolution states that Indiana consists of diverse communities, each with its own needs and opportunities. Across the state, counties have created and implemented plans for development that provide the type of new investment and additional employment that is desired by the citizens of the county, and in many instances, the desired development has included wind or solar projects, the resolution continues.
“Whereas the Board of Commissioners believes that decisions regarding wind and solar development are best made by the citizens living in the community, rather than by the wind and solar industry or state officials who live outside the community; and whereas (HB 1381) is currently pending in the Indiana General Assembly, and if enacted, such legislation would disenfranchise the citizens of the ability to determine the conditions under which wind energy and solar energy projects would be allowed in their county; and whereas under (HB 1381) communities would be compelled to allow wind and solar projects under conditions dictated by others living outside the community,” the resolution states, the commissioners oppose HB 1381 and “express its support for the rights of individuals and families living in a community to direct their own future through land use decisions.
Commissioner Cary Groninger summarized the resolution by stating, “In a nutshell, it’s pretty much, as commissioners, if we choose to approve this, we’re just saying we’re not in favor of a bill that allows the state to pretty much dictate wind and solar energy in our community, and we really want to make sure we manage to keep control of that here at a local level that our citizens and elected officials have that say, versus being told to do that by the state.”
He said it’s not that the county is against green energy, but “it’s one of those things when you have somebody outside of the community telling you what you can or can’t do. It’s usually never a good thing.”
Groninger made the motion to approve the resolution opposing HB 1381.
Commissioner Brad Jackson, attending the meeting virtually, seconded the motion and said that Groninger and Ormsby did a very good job of expressing the county’s position in that “local control is always better.”
Bob Conley, commissioner, said that the Area Plan Commission discussed and dealt with this issue a number of times in the past. He said last year, a solar company wanted to come into the county and put a 1,000-acre solar farm in, but it met with a lot of opposition from farmers who didn’t want it.
“We had the ability to say no to that at the local level, and I think that’s well where it should stay,” Conley said.
Area Plan Director Dan Richard, in a telephone call later, said no proposal was put together and brought to the Area Plan. Several local farmers in the area were approached about a possible solar farm, and questions were asked, but nothing official came before the county. Richard did not know who the company was that was looking at Kosciusko County.
The resolution opposing HB 1381 was unanimously approved by the commissioners.
In October 2018, the commissioners approved a pair of ordinance amendments placing greater restrictions on the mass production of wind and solar power. The amendments were recommended by the Area Plan Commission.
The closest sizeable wind farms to Kosciusko County are south near Elwood and east on U.S. 30 in Ohio, according to Richard. He was not aware of any large solar farms in the area, but noted some local schools and a Pierceton business have solar panels up but those are less than 10 acres.
