General Land and Power Corporation will have to guarantee a bond of $2.5 million toward future reclamation costs, and meet several prior to release conditions, before being allowed to proceed with construction of its Sollair Project, which is slated to be built next year in Rocky View County just north of Airdrie.
Rocky View County (RVC) council conditionally approved a development permit for the project during its Sept. 19 council meeting after debating some last minute amendments.
According to documents provided by RVC, in order to proceed with construction, General Land and Power Corporation will have to meet 12 prior to release conditions, four prior to occupancy conditions, and 14 other conditions on an ongoing basis, and must agree to a review of the project every five years to ensure it is complying with those ongoing conditions.
Of the 12 prior to release conditions, one of the most significant is the requirement to submit an Emergency Response Plan, “in accordance with Section 6.1.8 of DC 178, to the satisfaction of the County.”
One criticism of the Sollair Project expressed during the public hearing on July 18 was that the site might be inaccessible in the event of a wildfire, or other emergency, due to the obstructions the solar panels would cause for emergency response crews.
However, the prior to release conditions which generated the most debate on council during last week's meeting was the requirement for General Land and Power Corp. to pay a $2.5 million “irrevocable letter of credit or refundable security” to cover future reclamation costs, the need to define the total percentage of the land proposed for housing the solar panels versus agricultural uses, etc., and an agreement on the percentage of the land which would be put aside for landscaping, trees, shrubs, etc. to provide shelter belts and visual blocks for the neighbours’ benefit.
Speaking of the $2.5 million, some on council felt this amount was excessive as it exceeded the land reclamation cost estimate of approximately $1.3 million provided by General Land and Power Corporation at current market rates.
Division 7 Coun. Al Schule felt a bond of $1.5 million would have been a more appropriate number in light of the developer’s estimate, and had sought an amendment to the prior to release conditions which stated that amount.
“I was ready to support the $1.5 million, but I’m having trouble with the $2.5 million,” he stated. “I am kind of struggling with asking $2.5 million when $1.5 million would resolve it.”
Division 3 Coun. and Reeve Crystal Kissel agreed with Schule.
“I think the $1.5 million would have served our purpose,” she said. “I’m not sure if this is overkill.”
However, Division 1 Coun. Kevin Hanson felt the $2.5 million would ensure over the life of the project the bond amount would cover the cost of inflation. He also reminded councillors that General Land and Power Corp. had the option of buying a letter of credit to cover the amount instead of putting down the cash up front.
“This isn’t a cash deposit,” he explained by way of comparison, “this is an insurance policy they are purchasing. We are just telling them the size of the insurance policy.”
Division 6 Coun. and Deputy Reeve Sunny Samra also felt the $2.5 million bond would give the County a greater sense of security, and he pointed out if General Land and Power Corp. objected to the amount they could always try to appeal to the Land and Property Rights Tribunal, and see what happens.
“They are more than welcome to do that if they choose to,” he said, “but I will stick with what administration is recommending in the best interests of the county.”
Division 4 Coun. Samanntha Wright asked RVC administration how they came up with the $2.5 million number.
“The $2.5 million mirrored the conditions from the Indus Solar Farm development permit that council recently approved,” explained Logan Cox, RVC’s supervisor of planning and development services.
Cox went on to say the $2.5 million was set for the Indus project because that was the best estimate staff could come up with at the time when the prior to release conditions were being set for that solar farm.
“Well, then in an effort to be consistent, I think that ($2.5 million) would be a fair way to go,” stated Wright. “If we don’t really know (the reclamation cost), we don’t really know … The problem is the unknown nature of this at the moment; so I think it would be best to do the up front $2.5 million, and then if it is found (to be) overkill we can reduce it at a later point in time.”
In the end, Hanson proposed an amendment to the development permit’s prior to release conditions which asked council to approve the $2.5 million bond. This amendment passed by a vote of 5-2, with Kissel and Schule opposed.
Two other amendments were also passed during the Sept. 19 council meeting.
Council also voted to approve a prior to release condition amendment which set the total developable acreage for the solar farm’s electrical generation activities at 22.69 acres. And council voted to require General Land and Power Corporation to submit a revised landscape plan which would set aside no less than 7.75 acres of purpose-built landscaping, with no less than 444 trees and no less than 355 shrubs to be planted and maintained on it.
After voting to approve these amendments to the prior to release conditions, Division 5 Coun. Greg Boehlke made a motion to approve the development permit as a whole for the Sollair Project. The motion passed unanimously.
