These comments are submitted upon behalf of the Chesapeake Solar and Storage Association (CHESSA). 

CHESSA is regional professional and trade association whose members are solar energy and energy storage developers of small, medium and large solar and storage projects.  Our members engage project engineers, contractors, attorneys, industry experts and other professionals to assist in all stages of permitting, project approvals, environmental and other compliances, including E&S and SWM.  In short our members and their engaged professionals have a high level of expertise and public policy related experience to contribute to this discussion.  

Our comments will be brief.  

First.  CHESSA sincerely appreciates DEQ and the Youngkin Administration for considering our comments and perspectives on this important subject, in this Guidance Document and its companion Guidance Document, 22-2011.  

Second.  CHESSA associates its bigger picture comments with those more detailed comments of ACP, AES and the comments previously made by the project engineers, CHESSA members and other industry experts in the comments that were submitted by August 31, 2022.  

Third.  CHESSA believes the revised language in Section 5.500 strikes an important balance for solar projects well underway and provides a glide path for a change in the rules going forward.  

Fourth.  CHESSA still has concerns about Section 3.307 relating to requiring off-site drainage easements and hopes that use of "best practices" may provide mitigation of this requirement.  CHESSA believes that one efficient way of complying with this requirement will be to acquire more land than is actually required for the solar project itself, which increases the expense of solar development and also runs counter to the stated goals of HB 206.  But, this approach will eliminate or at least mitigate the need to acquire off-site easements.  CHESSA appreciates DEQ considering our perspectives on this particular item in development of this Guidance Document.  

Fifth.  With respect to "best practices", CHESSA would observe that what constitutes a "best practice" evolves with time and the solar industry will always appreciate DEQ considering new development techniques that are more efficient in protection of natural resources to include SWM.  DEQ Staff and CHESSA have discussed reduction of high compaction levels as one way of reexamining current best practices.  

In closing, CHESSA appreciates the open dialog between DEQ Staff and the solar industry on the SWM discussion and looks forward to our future discussions on all matters of environment protection and regulation affecting solar development. 

Respectfully submitted, 

CHESSA