Local Best Practices for Solar: Planning, Zoning, and Permitting

1. Local Best Practices for Solar: Planning, Zoning, and Permitting Best Practices Webinar December 5, 2012

2. Local Best Practices for Solar Agenda Welcome to the Solar Challenge Webinar • What is the Minnesota Solar Challenge? • Solar energy primer • Planning best practices • Zoning best practices • Permitting best practices

3. Minnesota Solar Challenge

4. Minnesota Solar Challenge Initiative Part of the U.S. Department of Energy SunShot Initiative PV Rooftop Challenge • Program Goal: • To make solar electric generation (photovoltaic, or PV) widely cost- competitive with conventional grid sources of electricity by 2020.

5. U.S. DOE Rooftop Solar Challenge Creating a Self-Sustaining Solar Energy Market Source: U.S. DOE SunShot Initiative

6. Solar Panel Price Drops Source: GTM Research, The Wall Street Journal

7. Logarithmic Volume, Costs

8. Downward Cost Trend Source: Solar Energy Industry Association, 2012

9. Focus on Cost Components Source: U.S. DOE SunShot Initiative

10. Non-Structural Balance of System Costs Source: Benchmarking Soft Costs for PV Systems in the United States, Ardani, NREL, 2012

11. In German Source: http://www.goingecogreen.com/go-green-news/german-solar-installations-coming-in-at-2-24-per-watt-installed-us-at-4-44-2/

12. Minnesota Solar Challenge Initiative So, is everyone clear on that?

13. If you remember justone thing . . . • Local governments are a critical partner in the task of creating a self-sustaining solar energy market in Minnesota Photo credit: Meet Minneapolis Photo credit: Applied Energy Innovations Photo credit: CR Planning

14. Minnesota Solar Challenge Initiative U.S. Department of Energy SunShot Initiative PV Rooftop Challenge • Program Goal: • To make PV cost-competitive with conventional grid sources by 2020 • Minnesota Department of Commerce Focus: • Improve solar access, zoning, development regs • Streamline permitting and interconnection • Improve net metering • Improve financing options for solar

15. Minnesota Solar Challenge Initiative • Minnesota Solar Challenge • Develop best practices consistent with Minnesota’s local government environment and laws • Promote best practices to local governments through a variety of organizations and outreach efforts • Provide direct assistance to local governments in adapting the best practices to local conditions and priorities

16. Understanding Solar Energy Resources and Technology

17. Solar Resource Minnesota has a favorable solar resource . . .

18. Minnesota Solar “Reserves” If solar energy was oil or natural gas, how much would we have? Test: How much of Minnesota’s land area would we need to meet 100% of the state's electricity needs with solar electricity (on a net production basis)? (67,800 million kWhs) ?

19. Minnesota Solar “Reserves” If solar energy was oil or natural gas, how much would we have? Test : How much of Minnesota’s land area would we need to meet 100% of the state's electricity needs with solar electricity (on a net production basis)? A: Less than 0.25% of the state’s area (an area the size of Lake Mille Lacs or Ramsey County) ?

20. Minnesota Solar “Reserves” If solar energy was oil or natural gas, how much would we have? Test: How much of Minnesota’s land area would we need to meet 100% of the state's electricity needs with solar electricity (on a net production basis)? ?

21. Solar Resource Minnesota’s solar resource varies by: • Time of day • Season • Local Weather and • Local Landscape Credit: MnDOC

22. Solar Resource The local landscape defines whether a given site has a solar resource • Topography • On-site obstructions • Obstructions on adjacent land • Future obstructions • An adequate solar resource location is unshaded for several hours every day (around solar noon), both now and well into the future.

23. Solar in Minnesota The local landscape defines the solar resource and access to the resource. Various technological options allow property owners to capture the solar resource, depending on: • the resource location; • the resource quality, and • the desired energy use.

24. Solar Technologies in Minnesota Technology options include: • Photovoltaic (PV) or solar electricity. Modules produce electricity from sunlight using semi-conductor technology. • Solar Thermal. Collectors capture sunlight and transfer heat for water or space heating • Passive Solar. Uses the basic structural elements of a building, careful site selection, and various homebuilding strategies to provide daylighting, ventilation, or heat.

25. Solar Technologies in Minnesota Technology options include: • Roof-mounted systems. Attached to the building’s roof. Can be: • Flush-mounted • Non-flush-mounted • Ground-mounted systems. Free-standing systems on a pole or a rack. Can be: • Stationary (pole or rack) • Tracking (pole-mounted) • Building-integrated systems. Solar system is built into a building component, such as a shingle or roof tile, an awning, or a gazebo Photo Credit: Able Energy Photo Credit: Powerfully Green

26. Solar Technologies in Minnesota Technology options include: • Grid-intertie systems. Only solar electric (PV), connected to the electric grid, no energy storage is needed. Credit: MnDOC

27. Solar Technologies in Minnesota Technology options include: • Storage systems. All solar thermal systems store heat in a water tank or other heat sink, and PV systems that store energy in a battery. Credit: MnDOC

28. Renewable Energy in Planning and Policy

29. Remember This!Planning Issues Summarized • Renewable energy is an important local resource • People in your community will want to take advantage of their renewable energy resources • Communities will need to make decisions about how and where solar installations are done

30. Best PracticesPutting Solar in Plans and Policy Solar in the Comprehensive Plan

31. Solar in Plans and Policy • Solar energy as a “property right” • There is no Federal constitutional protection for access to sunlight for the generation of solar energy • The bundle of rights that comes with owning property does not include a “right” to direct sunlight for solar energy production except to the extent that State or local law creates such a provision.

32. Solar in Plans and Policy Metropolitan Land Planning Act • Subd. 2. Land use plan. (b) A land use plan shall contain a protection element, as appropriate, for historic sites, the matters listed in the water management plan required by section 103B.235, and an element for protection and development of access to direct sunlight for solar energy systems.

33. Solar in Plans and Policy “. . . and an element for protection and development of access to direct sunlight for solar energy systems.” This provision has been given mostly perfunctory attention in plans. The evolution of local government best practices for protecting and developing the solar resource now offers new opportunities for metro-area communities to meet the statutory standard.

34. Solar in Plans and Policy Thinking about your community’s solar resource in order to plan for development • Geographic Access. Where is the resource? If you can’t reasonably get to it, it’s not a resource • Technology. What are the characteristics of how the resource is harvested or used? • Markets. What is the use of the resource that gives it value, and how is that affected by local regulation?

35. Solar in Plans and Policy • Understanding solar energy as a resource • Geographic characteristics Energy Innovation Corridor – Minneapolis, Saint Paul

36. Solar in Comprehensive Plans Example: Olmsted County Resource Protection Areas The Resource Protection Area includes areas intended for exclusive resource related use . . . Locational criteria include . . . 3. Wind Energy Potential: In a study completed in 1994 (validated subsequently by site-specific meteorological studies), sites with high potential for wind energy production were identified based on land cover, land uses, elevation and topography, and proximity to transmission lines. The study has been updated to reflect changes since 1994 in land cover. Sites with high wind energy potential are more likely to be included in the Resource Protection Area.

37. Solar in Comprehensive Plans • Example: City of Minneapolis • Policy 6.4: Expand the use of renewable energy. • 6.4.4 Take measures for the protection and development of access to sources of renewable energies, especially solar and wind power.

38. Solar in Comprehensive Plans • Understanding solar energy as a resource • Technological characteristics – how is the resource harvested? • Photo Credit: CR Planning, Inc.

39. Solar in Comprehensive Plans • Understanding solar energy as a resource • Technological characteristics – how is the resource harvested? • Photo Credit: CR Planning, Inc.

40. Solar in Comprehensive Plans Example: City of Shakopee, Minnesota • Solar Access - In the use of any solar energy system, the most important factor involved is the assurance of direct access to sunlight. The required level of access to sunlight varies according to the type of solar heating system used. • Rooftop Protection • South Wall Protection • South Lot Protection • Detached Collector Protection City of Shakopee 2030 Comprehensive Plan Solar Access Protection (PAS Info Packet)

41. Solar in Comprehensive Plans • Understanding solar energy as a resource • Economic characteristics – how does the resource have, or give, value? 2010 Solar Jobs New Jobs (12 Months) Graph from SAC presentation at the ICMA Conference. Source of information on solar jobs: The Solar Foundation’s National Solar Jobs Census 2010

42. Solar in Comprehensive Plans Example: Stearns County • EconomicDevelopment Policy 3. Promote diverse agricultural markets. • Encouraging small wind energy production facilities or other energy production based on agricultural products, as a diversification strategy. The County could investigate opportunities for Federal financial assistance that is directed to rural alternative energy investments. • Economic Development Goal 4. Promote sustainable development initiatives. • Objective 5. Encourage the appropriate development and use of electricity from wind energy as a means of substituting underutilized local renewable resources for non-renewable, non-local, energy sources.

43. Solar in Comprehensive Plans Minnesota Solar Challenge • Working with the Metropolitan Council to recommend solar energy best practices • Provide direction in the Local Planning Handbook for cities to consider in meeting statutory solar access requirement • Recommend sources of information for implementation best practices such as National APA Planners Advisory Service and National Renewable Energy Lab guidance

44. Solar energy in zoning and development regulation

45. Solar Energy Zoning Issues • Questions before writing your solar zoning standards. . . • How does the comprehensive plan address your community’s solar resource? • How does your existing ordinance affect solar energy installations? • What are the potentially competing property interests? • What are the potentially competing community resources? • Do you want to encouraging action or investment, or just settle conflict?

46. Best PracticesSolar Energy Standards

47. Scope Purpose Definitions Permitted Accessory Use Administrative Variance Restrictions on Solar Energy Systems Limited Solar Access Renewable Energy Conditions for Certain Permits Solar Roof Incentives Solar Energy Standards • Ordinance Structure

48. Solar Energy Standards • Minimize conflicts and create transparency and predictability • Basic Zoning • Advanced Zoning • Proactively encourage solar development • Incentive Zoning • Solar regulatory requirements

49. Basic Energy Zoning and Regulation • Using basic zoning tools to address solar energy installations – uses, setbacks, heights • Are solar land uses allowed? • Do existing standards, such as setbacks and height standards create barriers to capturing solar resources? • Do existing standards (use, setback, height) allow for flexibility to capture solar resources?

50. Solar Energy Standards • IV. Permitted Accessory Use - Active solar energy systems shall be allowed as an accessory use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below. Active solar energy systems that do not meet the visibility standards in C. below will require a conditional use permit, except as provided in Section V. (Administrative Variances). • A. Height - Active solar systems must meet the following height requirements: • 1. Building- or roof- mounted solar systems shall not exceed the maximum allowed height in any zoning district. For purposes for height measurement, solar systems other than building-integrated systems shall be considered to be mechanical devices and are restricted consistent with other building-mounted mechanical devices. • 2. Ground- or pole-mounted solar systems shall not exceed 20 feet in height when oriented at maximum tilt. • B. Set-back - Active solar systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located. • 1. Roof-mounted Solar Systems - In addition to the building setback, the collector surface and mounting devices for roof-mounted solar systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. IV. Permitted Accessory Use - Active solar energy systems shall be allowed as an accessory use in all zoning classifications where structures of any sort are allowed, subject to certain requirements as set forth below.