Engie prevails at final Howard County Plan Commission hearing on 5-3 vote

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There will be a solar farm in eastern Howard County after all. Engie, the solar energy company that proposed an 1,800-acre solar farm called Emerald Green, passed the final test from the Howard County Plan Commission on June 17. With plat approval in hand, the company can begin construction on a project that began in 2019.

The final plat hearing took place in front of a packed house in the basement of the Howard County Government Center in downtown Kokomo. The crowd appeared clearly divided between residents in support and against the solar farm, and the testimony reflected this divide.

Commission president Cheryl Graham opened the meeting, explaining that only those who had signed a sheet at the door to speak would be allowed to do so. And she asked that speakers avoid repeating information or concerns previously raised by other speakers.

What followed was three hours of testimony, both for and against the solar farm. Tom Schoder, lead project manager for Emerald Green, led the discourse with an explanation that the solar project meets or exceeds all provisions of Howard County's solar ordinance.

Setbacks will exceed the 300-foot distance from surrounding residences. Trees and shrubs will be planted around the entire solar panel field to obscure or mask its presence. Grasses and clover will be planted to slow rainwater runoff and allow moisture to reach deeper into the soil as it "rests" over the duration of the 35-year project.

Deer fencing. Minimal lighting. Limited disruption of topsoil. A decommissioning plan backed by a $10 million bond that will be adjusted with inflation over time. The list of requirements and features was extensive.

To those opposed to the project, the measures meant nothing, as evidenced by the testimony that followed.

Some speakers gave homegrown estimates of the economic impact they believe will result from taking 1,800 acres of land out of traditional agricultural use. Others warned of plummeting property values, noise pollution, the disagreeable sight of rows of solar panels, and made secondhand allegations of buyer's remorse among the landowners leasing to the company. Others took issue with the fact that an economic development plan -- required by the ordinance -- had not yet been approved.

Howard County Commissioner Jack Dodd countered those concerns by explaining the approval of the Emerald Green site plan would be contingent upon the acceptance of an economic development plan that he, himself, is negotiating with the company.

"I will tell you that I've been working with Engie on an EDA," said Dodd of the economic agreement. "As of yesterday, we have come to a tentative agreement that still has to be presented to the other commissioners. But this tentative agreement will virtually bring new revenue to the community of about $52 million over the lifetime of the agreement."

Part of that revenue includes more than $200,000 invested in the nearby Greentown Volunteer Fire Department. This disclosure incensed GVFD Chief Stan Oyler, who rejected the idea of receiving money from Engie.

"That was one of the agreements that Engie tried to get us to sign," said Oyler. "We had that already in the works. All we had to do was sign the paperwork, but I turned it down because I feel the people in my community are more important than somebody trying to buy me out."

The issue of whether a solar panel presents a contamination hazard was contested repeatedly over the course of the evening, with Engie contending the panels -- made largely of silicon, glass, and aluminum -- are non-toxic, while opponents argued otherwise.

Notably, commission member Mikki Jeffers, who serves as director of the Howard County Recycling District, refuted the company's claims and wanted details on how the panels would be handled in instances of breakage and how the panels would be recycled.

"I want to know about when something comes in, if there's damage, which there will be, what happens then?" asked Jeffers. "They're claiming that it's not hazardous. Well, I work in that business. I know that it is. I'm just I'm just trying to figure out for my residents what's going to benefit them."

Schoder explained that Engie has an agreement with SolarCycle, a company that specializes in recycling of solar panels, and that the company is committed to recycling all panels.

Commission member Jerry Hartman had a few questions about other commitments made by the company. He wanted to know what would happen to the decommissioning bond if ownership of Emerald Green changed hands. He was assured that the bond follows the project, not the company.

He also asked who would hold the company responsible for meeting its commitments. Howard County Surveyor Greg Lake -- also a plan commission member -- explained that oversight of the agreements is spread across multiple officials and offices. His office, for instance, is tasked with ensuring Engie meets the drainage requirements, while Howard County Highway Superintendent Amber Tolle will oversee road conditions around the solar field during construction, holds the company responsible for any repairs or restoration needed as a result of construction traffic.

Much of the rest of the responsibility sits with the Howard County Board of Commissioners.

Eventually, the matter came to a vote by roll call, and the site plan was approved with a 5-3 vote. The members dissenting were Jeffers, Jennifer Jack, and Mike Imbler.

The decision represents the ultimate green light for Emerald Green to begin construction, pending the acceptance of the economic development agreement.