Highland County commissioners receive updates on Palomino Solar project, feedback from union reps
Lead Summary
By
Caitlin Forsha-crforsha@gmail.com
Highland County commissioners Terry Britton, David Daniels and Brad Roades heard updates on a local solar project and feedback from union representatives during their Wednesday, March 1 meeting.
The meeting was held at 1 p.m. instead of the regular 9 a.m. time, due to Roades attending the County Commissioners Association of Ohio’s new member training.
Commissioners met with Janet Grothe (community and government relations representative) and Mac Hussey (Hillcrest Solar site manager) of Innergex as well as Adrian Harrison (field representative) and Randy McGuire (marketing director) of the Ohio Laborers’ District Council.
Grothe gave commissioners an overview of the current status of the Palomino Solar project, as she said Innergex is awaiting final approval from the Ohio Power Siting Board.
“There's been a lot going on, but it seems quiet because we're waiting for that permit, but we're doing all the behind the scenes work that we can do now,” she said.
According to the Innergex website (innergex.com), “Innergex is the developer and will finance, construct and be the long-term owner and operator of the proposed 200 MW Palomino Solar Energy Project.
“Palomino will be located in Dodson and Union Townships, just east of Lynchburg, in Highland County. The Project will add clean energy to Ohio’s electrical grid, providing enough power to meet the energy needs of over 40,000 Ohioan households. Construction will be funded by Innergex and the power will be sold to a large energy buyer, most likely a creditworthy corporation or electric utility.”
The project is anticipated to “be located across 2,700 acres of private land, with an anticipated area to be impacted of 1,410 acres,” according to PUCO documents.
As previously reported, Juliana Graham-Price of the Ohio Power Siting Board notified commissioners in June that that OPSB technical staff’s report on the Palomino Solar project had been filed, recommending the approval of the project. It was also noted by Graham-Price that the OPSB staff has proposed a list of 43 conditions “for the Board’s consideration” if the OPSB “determines that a certificate should be granted.”
The recommended “conditions [to] become part of such certificate” were related to a number of areas, including construction practices; permits; impact on the land, streams, vegetation and on various species living in the area; decommissioning; fencing; landscape and lighting plans; noise; cleaning up trees and/or weeds; drilling; and setbacks.
According to Grothe, Innergex has agreed to 44 conditions for the project.
“We've reached a joint stipulation with the Ohio Power Siting Board, the Highland County commissioners, the Ohio Farm Bureau Federation and our intervenors,” Grothe said. “That means we've discussed and agreed to all the conditions in the permit that address community concerns. A few of them that I know are very much of concern to the community are the fencing. There will be no barbed wire fencing. It will be small and wildlife permeable.
“A lot of people are concerned about the eagle's nest. We won't be working within 660 feet of that, and the setbacks will be 300 feet from nonparticipating residents, 150 feet from the nonparticipating resident property lines, and 100 feet from the center of the road to the perimeter fence.”
According to the Palamino Solar project’s PUCO docket, the joint stipulation and recommendation as to certificate conditions was filed in November and includes all 44 stipulations. You can read the complete document at this link (a download): https://dis.puc.state.oh.us/ViewImage.aspx?CMID=A1001001A22K10B52955F00556.
Grothe said that Innergex is including all 44 stipulations “into the construction plan” as well as their talks with “our permitting people” to ensure they are in compliance with the agreement.
“We’re also working with the county engineer Chris Fauber, and we're working on the roads use and maintenance agreement [RUMA], and we're using the Highland County form for the basis for that,” Grothe said.
Ongoing and upcoming “behind the scenes” work includes selecting a landscape architect; completing “lighting and landscape plans” for the site; working with the Ohio Department of Natural Resources to determine “appropriate species and seed mixtures;” negotiating with their “top tier contractor;” and finalizing the engineering for the project, according to Grothe.
“We have secured the panels through a module supply agreement,” Grothe told commissioners. “The Ohio Power Siting Board five-year review continues, and we are grandfathered under the current rules.
“The other thing that I'm out here for this week is we're developing our emergency response and training plans, so I'm meeting with the emergency response organizations. I met with [Lynchburg Fire] Chief [Jeff] Turner this morning, and I'll be meeting with the hospital this afternoon, so that we can get their input for our drills and the safety of the site.”
According to Grothe, construction is currently slated to begin in 2024 and is expected to be completed “by mid-2025.”
“We continue to meet with the stakeholders and the landowners, and we look forward to continue our support with the community,” Grothe said.
Daniels asked if Innergex was experiencing any supply chain issues with the solar panels.
“Are your suppliers going to be able to get your panels timely?” he asked. “We’re hearing a lot of cases where the panels are delayed between six and 18 months.”
Grothe said they are told the panels “will be here” for construction. “We’re working with a U.S.-based contractor,” she said.
Highland County Auditor Bill Fawley asked if Grothe was familiar with the state’s billing process once the project is operational.
“We will be billed under the PILOT, and it will come to us,” she said. “The Hillcrest [project] was billed incorrectly, and so we had to have them resubmit that for payment.”
Daniels asked Grothe to explain the issues with Hillcrest’s billing.
“The Ohio Department of Development determined that Hillcrest satisfies the 80-percent Ohio domicile requirement, and it is a qualified energy project,” Grothe said. “They issued a certificate of verification for Hillcrest, but the Ohio Department of Taxation public utility tax division had already invoiced Hillcrest under the public utility property taxation rate.
“Hillcrest filed a petition for reassessment, and that's pending. Upon exempt property being reassessed, we will complete the payment in accordance with the reassessment.”
After Grothe’s update, Daniels also invited the representatives from the Ohio Laborers’ District Council to speak. According to the Ohio Laborers’ District Council website (https://www.ohldc.com), their “mission is to work collectively with our signatory contractors and our Union affiliates in the on-going efforts of providing the best trained, experienced, and most reliable work force possible. We are committed to providing the Laborers needed to build a better tomorrow. We stand for a fair days work, fair wages, fringe benefits and retirement security for all workers.”
McGuire said that he and Harrison wanted to speak to the Innergex representatives as well as bring issues regarding fair labor practices at solar sites to the commission’s attention.
“We are here, not representing the union, even though we are the union,” McGuire told commissioners. “Our biggest issue right now is the people that are coming out and hiring temporary workers to do this type of work. They're not getting paid a living wage.”
McGuire said that fast food restaurants are advertising higher rates and more benefits than the “more dangerous” and “physical” work on the solar projects.
“We're more concerned about them getting a living wage, and then if they become union, that's on us,” he said. “That's a separate job for us. But we can give people a career, not a job. When the jobs are done, the companies leave they have at least two years of work that they didn't build to anything. They don't have a retirement that they're looking for.
“We make a career out of part-time work, and with all of the solar coming through Ohio, it's going to be long-time part-time work. It's going to get a lot of people a lot of opportunity.”
McGuire also told commissioners that they have spoken with county officials in other areas that have reported “tons and tons of issues” with the non-union sites compared to projects using union workers. The union has also heard reports of developers allegedly “cheating” by having multiple workers on site with the same temporary Ohio address, or having residents on site but not working, to fulfill the residency requirements.
McGuire encouraged the commission to attend the Ohio Laborers’ Solar Summit, which is scheduled for March 15.
“We’ll show you the training that we do, how we actually train the people and get them ready to work in solar fields,” he said.
Harrison added that the unions are “always growing” and include residents in the Highland County area.
“We have a lot of members that belong to Laborers’ Local 83 that covers this jurisdiction, and they live up in this area,” Harrison said.
Daniels thanked the union representatives for discussing their concerns.
“We’ve reached out to our representatives, and that’s been passed on to the PUCO, as far as compliance,” Britton said. “Compliance has been an issue with some of the other units, and so we’re trying to get ahead of that.”
• • •
In other discussion:
• Commissioners voted 3-0 to accept a quote for a new SciAps X-ray fluorescent (XRF) device for the Community Housing Impact and Preservation [CHIP] program’s lead-based paint abatement.
The cost is $23,150, but that is covered by a grant through the state of Ohio, according to Jim Matticks of Highland County Community Action.
“I just wrapped up the 2020-23 CHIP program and am starting on the next one,” Matticks told commissioners. “In that, we applied for $43,500 for lead abatement, which $23,150 is going to go to the XRF machine. The remainder balance, I have to use on the rehabs for lead abatement.
“If you guys approve [the quote], you just sign it and send it in. Once you get the XRF here and the invoice, contact me and I'll draw down the money.”
Mark Current, also of HCCAO, met with commissioners in September to discuss applying for the device. He said at that time the analyzer “would be property of the county,” with HCCAO drafting “a memorandum of understanding” about its use (for CHIP projects) and storage (by HCCAO, on behalf of the county).
As pointed out by Matticks, this purchase will allow CHIP administrators to do their own lead paint samples instead of using a contractor. Current told commissioners in September that with this new XRF device, they can “hold it up against the paint surface, pull the trigger, and in seconds, it will tell you whether or not it’s lead-based paint.”
“We are willing to do the lead testing for the land bank as well,” Matticks added.
Britton said, “That will be a plus.”
• The commission also voted 3-0 to accept the $5,670 purchase of an HP11 heating and air conditioning unit for the Hi-TEC building.
“This HVAC unit has been having a lot of issues,” Britton said. “They’ve been out working on this thing numerous times throughout the year trying to get keep this thing going, so they’re recommending to basically replace it.”
In other action, commissioners approved the following, each by a 3-0 vote:
• A budget modification from Transfers Out County Miscellaneous to Advances Out County General in the amount of $3,600. Also requested is an advance from Advances Out to Advances in Lakeside Sub-Division Sewer District in the amount of $3,600.
“We currently don't have enough money in the fund until settlement comes in, so we're waiting on the settlement to finish up so that we can continue to operate,” Daniels said.
• Commissioners approved two separate contracts with the Highland County Historical Society for rooms at the Scott House: a six-month lease for the second-floor West Room and a 15-month lease for the second-floor East Room.
• At 1:30 p.m., commissioners entered an executive session for their audit conference. Daniels said that the final county audit for 2021 should be released in approximately two weeks.
The meeting was held at 1 p.m. instead of the regular 9 a.m. time, due to Roades attending the County Commissioners Association of Ohio’s new member training.
Commissioners met with Janet Grothe (community and government relations representative) and Mac Hussey (Hillcrest Solar site manager) of Innergex as well as Adrian Harrison (field representative) and Randy McGuire (marketing director) of the Ohio Laborers’ District Council.
Grothe gave commissioners an overview of the current status of the Palomino Solar project, as she said Innergex is awaiting final approval from the Ohio Power Siting Board.
“There's been a lot going on, but it seems quiet because we're waiting for that permit, but we're doing all the behind the scenes work that we can do now,” she said.
According to the Innergex website (innergex.com), “Innergex is the developer and will finance, construct and be the long-term owner and operator of the proposed 200 MW Palomino Solar Energy Project.
“Palomino will be located in Dodson and Union Townships, just east of Lynchburg, in Highland County. The Project will add clean energy to Ohio’s electrical grid, providing enough power to meet the energy needs of over 40,000 Ohioan households. Construction will be funded by Innergex and the power will be sold to a large energy buyer, most likely a creditworthy corporation or electric utility.”
The project is anticipated to “be located across 2,700 acres of private land, with an anticipated area to be impacted of 1,410 acres,” according to PUCO documents.
As previously reported, Juliana Graham-Price of the Ohio Power Siting Board notified commissioners in June that that OPSB technical staff’s report on the Palomino Solar project had been filed, recommending the approval of the project. It was also noted by Graham-Price that the OPSB staff has proposed a list of 43 conditions “for the Board’s consideration” if the OPSB “determines that a certificate should be granted.”
The recommended “conditions [to] become part of such certificate” were related to a number of areas, including construction practices; permits; impact on the land, streams, vegetation and on various species living in the area; decommissioning; fencing; landscape and lighting plans; noise; cleaning up trees and/or weeds; drilling; and setbacks.
According to Grothe, Innergex has agreed to 44 conditions for the project.
“We've reached a joint stipulation with the Ohio Power Siting Board, the Highland County commissioners, the Ohio Farm Bureau Federation and our intervenors,” Grothe said. “That means we've discussed and agreed to all the conditions in the permit that address community concerns. A few of them that I know are very much of concern to the community are the fencing. There will be no barbed wire fencing. It will be small and wildlife permeable.
“A lot of people are concerned about the eagle's nest. We won't be working within 660 feet of that, and the setbacks will be 300 feet from nonparticipating residents, 150 feet from the nonparticipating resident property lines, and 100 feet from the center of the road to the perimeter fence.”
According to the Palamino Solar project’s PUCO docket, the joint stipulation and recommendation as to certificate conditions was filed in November and includes all 44 stipulations. You can read the complete document at this link (a download): https://dis.puc.state.oh.us/ViewImage.aspx?CMID=A1001001A22K10B52955F00556.
Grothe said that Innergex is including all 44 stipulations “into the construction plan” as well as their talks with “our permitting people” to ensure they are in compliance with the agreement.
“We’re also working with the county engineer Chris Fauber, and we're working on the roads use and maintenance agreement [RUMA], and we're using the Highland County form for the basis for that,” Grothe said.
Ongoing and upcoming “behind the scenes” work includes selecting a landscape architect; completing “lighting and landscape plans” for the site; working with the Ohio Department of Natural Resources to determine “appropriate species and seed mixtures;” negotiating with their “top tier contractor;” and finalizing the engineering for the project, according to Grothe.
“We have secured the panels through a module supply agreement,” Grothe told commissioners. “The Ohio Power Siting Board five-year review continues, and we are grandfathered under the current rules.
“The other thing that I'm out here for this week is we're developing our emergency response and training plans, so I'm meeting with the emergency response organizations. I met with [Lynchburg Fire] Chief [Jeff] Turner this morning, and I'll be meeting with the hospital this afternoon, so that we can get their input for our drills and the safety of the site.”
According to Grothe, construction is currently slated to begin in 2024 and is expected to be completed “by mid-2025.”
“We continue to meet with the stakeholders and the landowners, and we look forward to continue our support with the community,” Grothe said.
Daniels asked if Innergex was experiencing any supply chain issues with the solar panels.
“Are your suppliers going to be able to get your panels timely?” he asked. “We’re hearing a lot of cases where the panels are delayed between six and 18 months.”
Grothe said they are told the panels “will be here” for construction. “We’re working with a U.S.-based contractor,” she said.
Highland County Auditor Bill Fawley asked if Grothe was familiar with the state’s billing process once the project is operational.
“We will be billed under the PILOT, and it will come to us,” she said. “The Hillcrest [project] was billed incorrectly, and so we had to have them resubmit that for payment.”
Daniels asked Grothe to explain the issues with Hillcrest’s billing.
“The Ohio Department of Development determined that Hillcrest satisfies the 80-percent Ohio domicile requirement, and it is a qualified energy project,” Grothe said. “They issued a certificate of verification for Hillcrest, but the Ohio Department of Taxation public utility tax division had already invoiced Hillcrest under the public utility property taxation rate.
“Hillcrest filed a petition for reassessment, and that's pending. Upon exempt property being reassessed, we will complete the payment in accordance with the reassessment.”
After Grothe’s update, Daniels also invited the representatives from the Ohio Laborers’ District Council to speak. According to the Ohio Laborers’ District Council website (https://www.ohldc.com), their “mission is to work collectively with our signatory contractors and our Union affiliates in the on-going efforts of providing the best trained, experienced, and most reliable work force possible. We are committed to providing the Laborers needed to build a better tomorrow. We stand for a fair days work, fair wages, fringe benefits and retirement security for all workers.”
McGuire said that he and Harrison wanted to speak to the Innergex representatives as well as bring issues regarding fair labor practices at solar sites to the commission’s attention.
“We are here, not representing the union, even though we are the union,” McGuire told commissioners. “Our biggest issue right now is the people that are coming out and hiring temporary workers to do this type of work. They're not getting paid a living wage.”
McGuire said that fast food restaurants are advertising higher rates and more benefits than the “more dangerous” and “physical” work on the solar projects.
“We're more concerned about them getting a living wage, and then if they become union, that's on us,” he said. “That's a separate job for us. But we can give people a career, not a job. When the jobs are done, the companies leave they have at least two years of work that they didn't build to anything. They don't have a retirement that they're looking for.
“We make a career out of part-time work, and with all of the solar coming through Ohio, it's going to be long-time part-time work. It's going to get a lot of people a lot of opportunity.”
McGuire also told commissioners that they have spoken with county officials in other areas that have reported “tons and tons of issues” with the non-union sites compared to projects using union workers. The union has also heard reports of developers allegedly “cheating” by having multiple workers on site with the same temporary Ohio address, or having residents on site but not working, to fulfill the residency requirements.
McGuire encouraged the commission to attend the Ohio Laborers’ Solar Summit, which is scheduled for March 15.
“We’ll show you the training that we do, how we actually train the people and get them ready to work in solar fields,” he said.
Harrison added that the unions are “always growing” and include residents in the Highland County area.
“We have a lot of members that belong to Laborers’ Local 83 that covers this jurisdiction, and they live up in this area,” Harrison said.
Daniels thanked the union representatives for discussing their concerns.
“We’ve reached out to our representatives, and that’s been passed on to the PUCO, as far as compliance,” Britton said. “Compliance has been an issue with some of the other units, and so we’re trying to get ahead of that.”
• • •
In other discussion:
• Commissioners voted 3-0 to accept a quote for a new SciAps X-ray fluorescent (XRF) device for the Community Housing Impact and Preservation [CHIP] program’s lead-based paint abatement.
The cost is $23,150, but that is covered by a grant through the state of Ohio, according to Jim Matticks of Highland County Community Action.
“I just wrapped up the 2020-23 CHIP program and am starting on the next one,” Matticks told commissioners. “In that, we applied for $43,500 for lead abatement, which $23,150 is going to go to the XRF machine. The remainder balance, I have to use on the rehabs for lead abatement.
“If you guys approve [the quote], you just sign it and send it in. Once you get the XRF here and the invoice, contact me and I'll draw down the money.”
Mark Current, also of HCCAO, met with commissioners in September to discuss applying for the device. He said at that time the analyzer “would be property of the county,” with HCCAO drafting “a memorandum of understanding” about its use (for CHIP projects) and storage (by HCCAO, on behalf of the county).
As pointed out by Matticks, this purchase will allow CHIP administrators to do their own lead paint samples instead of using a contractor. Current told commissioners in September that with this new XRF device, they can “hold it up against the paint surface, pull the trigger, and in seconds, it will tell you whether or not it’s lead-based paint.”
“We are willing to do the lead testing for the land bank as well,” Matticks added.
Britton said, “That will be a plus.”
• The commission also voted 3-0 to accept the $5,670 purchase of an HP11 heating and air conditioning unit for the Hi-TEC building.
“This HVAC unit has been having a lot of issues,” Britton said. “They’ve been out working on this thing numerous times throughout the year trying to get keep this thing going, so they’re recommending to basically replace it.”
In other action, commissioners approved the following, each by a 3-0 vote:
• A budget modification from Transfers Out County Miscellaneous to Advances Out County General in the amount of $3,600. Also requested is an advance from Advances Out to Advances in Lakeside Sub-Division Sewer District in the amount of $3,600.
“We currently don't have enough money in the fund until settlement comes in, so we're waiting on the settlement to finish up so that we can continue to operate,” Daniels said.
• Commissioners approved two separate contracts with the Highland County Historical Society for rooms at the Scott House: a six-month lease for the second-floor West Room and a 15-month lease for the second-floor East Room.
• At 1:30 p.m., commissioners entered an executive session for their audit conference. Daniels said that the final county audit for 2021 should be released in approximately two weeks.