Barnes & Thornburg attorney updates commissioners on Road Use & Decommissioning Agreements for solar projectt

Rich Hall, the attorney hired by the commissioners from Barnes & Thornburg to negotiate the Road Use Plan and Decommissioning Plan for the Tamarack Solar Project update the commissioners on his progress with finalizing the agreements.

The Decommissioning Plan can be enacted if the project ceases to generate electricity for 6-months or for a 1-year period if the panels are damaged from a severe weather-related event or other issue.  The plan calls for all personal property and equipment to be removed, including the underground system from the site.  The soil will be restored the site back to the original condition within a year.

Hall said the agreement with the company would be secured by a third-party, so the county isn’t relying solely on the company to complete the decommissioning.  Hall said, “The agreement provides for a third-party security a rated surety bond that would be provided in the name of the county so in the event these events occur where the project goes dormant and the company does not met its obligations under the agreement to decommission, then the county would be protected and would be able to decommission the agreement themselves and receive money from the surety bond or letter of credit third party security to pay those costs.” 

Hall explained the Road Use Agreement saying, “The project will involve the extensive use of county roads in order to be completed.”  Weight isn’t as much of an issue but the number of vehicles delivering materials could wear down the county’s roads. 

The agreement sets up a process to evaluate the condition of the specific roads to be used prior to construction and then compares the roads following completion of construction.  The company is obligated to return the road to the condition or better before the construction started. 

Hall said the obligation of the company is secured by a third-party from a rated company. 

The attorney told the commissioners both agreement are aimed at protecting the county’s interest while allowing the planning and zoning process to determine the other parameters around the project are needed in that formal approval process. 

Commissioner Kevin Overmyer asked if the landowners have a decommissioning agreement with Invenergy and Hall said they do but the county has rights that are superior to the landowners although they don’t have exercise those rights if the landowners are working out a plan with the company.    

Hall said the agreements are not 100% finalized but he anticipates  the agreements that he stated are “strong” to be ready in the next couple of meetings.