Spokane County Commissioners move to regulate wind, solar farms as interest grows in Eastern Washington

As energy companies continue to eye large wind farms in Eastern Washington, Spokane County commissioners are setting the terms for what they’ll look like within the county’s borders.

The commissioners voted 3-1 Tuesday afternoon to direct county staff to write legislation dictating the location and operation of large scale wind turbine and solar panel facilities, after county staff briefed them on the issue and presented a draft of the regulations that same morning.

The move to pass the county’s first ordinance regulating large scale renewable energy projects comes on the heels of recent efforts by energy companies to put commercial wind farms in Spokane, Whitman and Lincoln counties.

In Spokane County, Toronto-based Cordelia Power has acquired more than 1,100 acres near Cheney, Fairfield, Latah and Tyler, presumably for potential wind turbine locations, as reported by the Cheney Free Press.

Planning director Scott Chesney told the commissioners during the briefing that the draft ordinance is based on Whitman County’s existing regulation of wind energy facilities. But while the exact terms are yet to be ironed out, the draft shows Spokane County is considering more stringent requirements than its neighbor to the south.

The ordinance will be reviewed and tweaked before passage, but the proposed requirements, the pace at which they’ve moved forward and the lack of public input thus far is causing concern for at least one county commissioner.

Commissioner Chris Jordan voiced those concerns ahead of the vote, saying he wants to ensure the county is practicing due diligence as it wades into a complicated subject. He feels the bulk of the conversation has focused on potential concerns without giving enough weight to potential benefits, and moved quickly without proper notification to the public.

Jordan said the commissioners did not follow their best practices of holding public hearings and having the planning commission come forward with recommendations before the ordinance was drafted, and urged caution as any local legislation can be overruled or pre-empted at the state level.

“There were a lot of concerns expressed about wind energy projects this morning; those are worth talking about,” Jordan said ahead of the vote. “But before we look at restrictions, I want to know what are the upsides as well.”

He added that he is still seeking answers to questions about the ordinance he raised during a strategic planning meeting in May when the topic first came before the board.

One of those unanswered questions, he said, is why the county’s draft ordinance strays from its Whitman County inspiration.

Spokane County’s draft and Whitman County’s existing code look almost identical on the surface: They use the same language, often word by word, and are similarly organized by sections.

But a close read reveals Spokane County is considering requiring much more detailed application materials and different distances between turbines and nearby towns and properties. The required distance of turbines from nearby towns in Spokane County would be more than double than they are in Whitman County.

A turbine in Whitman County must be located at least the height of the turbine plus 100 feet from any property border or road. The proposal in Spokane County plan would require the turbine to be 1 ½ times the height of the turbine from a property line.

In Whitman County, a turbine must be located at least four times the height of a turbine from any city or town border. The plan in Spokane County would raise that to 10 times the height of a turbine.

The draft ordinance also includes regulations that aren’t in Whitman County’s code, such as protections for areas where crop dusting occurs and a limit on where and for how long the towers can cast a shadow. The latter is intended to mitigate shadow flickering, a term used to refer to the rotating shadow cast by the turbine’s blades that can create a strobe light effect on dwellings in its path. As the blades turn, the sunlight is intermittently broken up.

“It does appear that a few of the requirements may be a bit more restrictive than Whitman County,” Jordan said. “I don’t think we’ve had a real full discussion at this point of why that is.”

In addition to having a more thorough conversation about the legislation at large, Jordan said he’d like the board to focus on exploring the potential economic impacts before moving forward.

He’s curious about the potential job creation through construction, operation and maintenance, if it’s a viable new income source for farmers and property owners and what kind of revenues might be generated for local governments. He also wants to hear more from local energy providers like Avista on how it may impact them and their clean energy goals.

“I was hoping that by this point we would have heard back from some of those folks before we put pen to paper with specific draft ordinances,” Jordan said.

Jordan’s comments during the meeting sparked a rare public display of tension between members of the county’s governing board. All three county commissioners present at the meeting, Josh Kerns, Al French and Mary Kuney, responded to points Jordan made.

Kerns appeared to take umbrage with Jordan’s characterization of the county’s efforts to notify the public of the move, saying notification was provided through the county’s typical avenues that the issue would be considered during the Planning Commission’s Aug. 15 meeting. While there was no public hearing, the planning commission voiced comments and concerns and informally approved moving forward, Kerns said.

“To the point of local control and the state being able to pre-empt us, that’s nothing new in Washington state,” Kerns said, before adding there will be many opportunities for public comment moving forward.

French said the vote Tuesday was just “the very beginning of the process,” and there will be many opportunities for conversations with the public, stakeholders and those in the renewable energy industry before anything becomes county code.

The move to pass legislation now was inspired by conversations he’s had with constituents who’ve voiced concerns over how a wind or solar farm will impact them, French said. He’d like to have the county have something on the books rather than waiting on the state to weigh in.

“I would rather fight for my citizens here in Spokane County than wait and be the subject of whatever the other side of the state chooses to do to us,” French said. “I’m here to represent the folks that voted me into office, and to represent their interests to make sure that we protect not only our quality of life, but their environment and what other potential energy sources we’re going to live with for the next several decades.”

Kuney emphasized the county commissioners want to hear from the public as the legislation moves forward, and echoed French’s sentiment that Tuesday’s action was the start of the process. Any lingering questions can be answered as they continue to work on a final ordinance.

She noted many local jurisdictions, including the state association of counties, also are exploring the impacts and benefits of renewable energy farms and subsequent legislation, and she would like Spokane County to be used as a reference as those parties do so.

“It’s going to be an ongoing process; it’s changing and evolving,” Kuney said before calling for the vote. “I swear it seems like every moment there’s new things that are happening.”

In an interview Wednesday, Jordan said he too wants Spokane County to be a leader in setting the terms for clean energy projects in the state, which is why he wants the county’s legislation to be thoroughly thought out.

He hopes doing so would give a greater likelihood the county’s terms and conditions are properly considered by state officials before they take any action that preempts the county’s wishes.

He looks forward to engaging the public and stakeholders as he and his fellow commissioners iron out the details of the legislation, Jordan said.

“I think there are some reasonable concerns being raised, so I’m hopeful that any kind of final ordinance is thoroughly thought through and is balanced and considers the upside of the projects as well,” Jordan said.

“We’re not done, and I’m open to where we go from here.”