AMHERST — A new bylaw allowing small clean energy projects — like solar arrays and battery energy storage systems — while protecting drinking water and the environment is close to the finish line.
After more than four years of discussion and development, interrupted by the state adopting a consolidated permit process through the Energy Facilities Siting Board for large-scale projects, the Town Council this week completed its first reading of the Small Clean Energy Infrastructure Bylaw.
The 19-page draft bylaw is the product of work begun by the Solar Bylaw Working Group in March 2022, with recommendations finalized this month by both the Planning Board and Community Resources Committee.
District 4 Councilor Pam Rooney, who chairs the Community Resources Committee, said the town will have a consolidated permit process and simple solar and battery energy storage system siting requirements that are in compliance with state law.
The bylaw, Rooney said, will facilitate clean energy development, providing a clear path for proceeding and enforceable standards for operation and removal that provides for safety.
“In a nutshell, this document represents the town of Amherst’s adaptation of the state mandate to have and allow a single consolidated permit available for applicants starting Oct. 1,” Rooney said.
Rooney said work on the measure has incorporated both public and Planning Board comment.
The Town Council will do a second read and take a possible vote on Sept. 14.
Councilors had questions about whether the bylaw offers sufficient protections for the community.
District 2 Councilor Lynn Griesemer said 5% of Amherst residents are on private wells, many in the northeast corner of town she represents. Griesemer said private wells should be seen as a public water resource and have the same 200-foot no disturbance area as other water supplies, not just the 100-foot buffer.
Griesemer also asked about whether there should be regular inspections of solar arrays and battery energy storage systems once operating, noting the town has inspections of rental properties every three years. She also suggested hazardous waste insurance in case of damage to projects from storms or natural disasters.
District 3 Councilor George Ryan said the bylaw addresses legitimate concerns that should make residents safer while at the same time making it possible to build arrays and install battery storage.
Town Council President Mandi Jo Hanneke said the Planning Board wanted to make sure that setbacks are not overly restrictive, but also wanted to guarantee that water is protected.
Rooney said she believes what has been written, and reviewed by attorneys with KP Law, is well within range of what state officials are looking for. This includes the extended distance for wells and added allowance for agrivoltaic, solar panels installed over active farmland.
District 5 Councilor Ana Devlin Gauthier said her concerns are that only a “passing glance” is given to wildlife, and would like to see more specific mention of maintaining migration corridors for animals and provisions for fences to have as little impact on animals as possible.
Devlin Gauthier also wondered if there is a way to reduce impact of glare from solar panels on birds, possibly by adding language about use of decals or paint to minimize reflection.
Hanneke said mitigation of impacts and protection of biodiversity is addressed in a provision of the bylaw known as the Site Suitability Score.
