Yakima County commissioners are unhappy with the Energy Facility Siting Evaluation Council’s recent decision to expedite the approval process for two proposed solar farms east of Moxee.

The county sent EFSEC two letters in early November requesting EFSEC to abide by a moratorium commissioners enacted on solar farms until local siting rules could be devised.

County Planning Official Tommy Carroll sent the first letter on Nov. 1 and commissioners sent another one on Nov. 7, requesting EFSEC hold off on approving any more solar farms until the local rules are in place.

On Nov. 15, EFSEC agreed to expedite the approval process for two solar farms — High Top and Ostrea — that would be sited along State Route 24 east of Moxee in the Block Rock area. The two projects proposed by a single developer would each cover 1,600 acres and produce 80 megawatts.

Expediting the approval process shortens timelines for permitting and review into a 60-day period.

Commissioner Amanda McKinney said EFSEC ignored the county’s letters. Just because those projects were proposed before the moratorium was enacted in July doesn’t make them immune to it, she said.

“I absolutely feel that they should apply, which is the reason for the moratorium,” she said.

EFSEC makes a recommendation to the governor’s office, and Gov. Jay Inslee makes the final decision on the projects. Inslee spokesperson Jaime Smith said her office couldn’t comment on the matter yet.

“We’re somewhat limited in our ability to comment on specific projects while they are under EFSEC review due to this being a quasi-judicial process in which the governor makes the final decision,” Smith said. “He’s prohibited from being involved or commenting during the process. I can say as a general matter that once these kinds of decisions come to the governor, he will consider community input and perspectives.”

McKinney said there are many issues that need to be resolved before more siting of such projects. She said they need fire protection plans and money held in escrow for potential mitigation. She also mentioned concern for the Urban Growth Act, which holds the county responsible for protecting and preserving agricultural lands.

EFSEC has outlined requirements for fire response, decommissioning solar panels and financial assurances for site restoration in previous solar approvals.

McKinney said the state is giving EFSEC the authority to bypass local authorities and site these projects wherever they see fit.

EFSEC did pull back on the Wautoma Solar Energy Project in Benton County just east of the Black Rock area projects. EFSEC determined it didn’t meet Benton County’s land-use regulations.

Solar farm developers can go through a county or state EFSEC process.

The issue with solar farms arose when Yakima County Hearing Examiner Gary Cuillier approved the Black Rock Solar Energy Project. About that time, Inslee gave final approval to the nearby Goose Prairie Solar Project. Those were two of a handful of solar projects proposed in the State Route 24 corridor east of Moxee.

Commissioners weren’t happy with Cuillier’s decision. Solar farms now are a type 3 project, meaning the hearing examiner has final say on their approval.

Commissioners are now in the process of changing them to a type 4 project, which would provide more community input and an appeals process and give commissioners final say.

Reach Phil Ferolito at pferolito@yakimaherald.com.



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