I know nothing about the issues with Energix, nor can I comment on them. I would like to comment on the proposed regulation changes.
As background I am a Principal at Sunworks NC and of Virginia Solar LLC. As principal of Virginia Solar, I formerly managed all engineering, development, permitting and interconnection processes regarding the company’s solar projects. In prior years, I developed solar projects receiving 13 local zoning approvals and 10 state PBR approvals.
On the proposed regulations I would like to make the following comments on the section “"As early in the project development process as practicable” should be further defined as "and at least three months before the mandatory public meeting or six months before any county board of supervisor vote.” Any refiling of Notices of Intent after a special use permit is issued should trigger a restart of the public meeting and SUP vote, or DEQ will not consider the SUP submitted with PBRs as valid.”
I agree with intent but would change the language. I would further define “As early in the project development process as practicable” with “and the earlier of (i) at least three months before the PBR required mandatory public meeting or (ii) at the time of filling of a zoning confirmation letter, permit application for the facility or the equivalent thereof with the relevant local permitting authority.”
I believe this matches the intent of having the NOI filled before the local permitting authority acts on the matter and well prior to the public hearing required by the PBR. The issues with the original language are:
I am completely in disagreement with sentence “Any refiling of Notices of Intent after a special use permit is issued should trigger a restart of the public meeting and SUP vote, or DEQ will not consider the SUP submitted with PBRs as valid.” And think it should be removed. I disagree with this language for the following reasons:
For all of the reasons above I think the language should be changed to “As early in the project development process as practicable and the earlier of (i) at least three months before the PBR required mandatory public meeting or (ii) at the time of filling of a zoning confirmation letter, permit application for the facility or the equivalent thereof with the relevant local permitting authority.” The second proposed sentence should be struck in its entirety.