Wednesday, January 27, 2016

Solar Works. Even in the North.

One of my primary interests in renewable energy. I'm particularly interested in solar photovoltaic energy (the kind with the panels), at both the residential and commercial scales. Here in Minnesota, we don't really have the kind of sun exposure required for some of the other forms (like those in the California and Arizona deserts that use mirrors to superheat molten salt), so solar panels are what we have.

There are some challenges that the solar industry faces here. We are very far north. The Twin Cities are at 45 degrees north and has a fairly cloudy outlook for much of the winter. It also gets a fair amount of snow. But that is not as big an obstacle as one might think. Germany has a similar cloud problem and is situated even farther north, yet it has used a combination of feed-in tariffs, incentives, and changes in the way energy is regulated and billed. This has led to a substantial growth in the solar sector. While it still relies on lignite coal (a very dirty fuel), it has shown that the proper economic, regulatory, and social conditions can lead to great success with solar in seemingly unlikely places. If they can do it there, we can do it here too. Panels can be cleared, and much snow melts or slips off due to the mounting angle. Increased panel efficiency has also allowed for more generation even on cloudy days. Besides, we have too good of a resource to pass up.

Fortunately, Minnesota's government has been proactive in pushing solar and other renewable energy development, including a strong statutory requirement for energy utilities with generation benchmarks for renewables and a separate solar-specific generation requirement. That, combined with the extension of the federal renewable energy investment tax credit (and the credit's revision to apply to projects begun, not online, by certain dates) mean Minnesota is on track for a big push into the solar photovoltaic realm. In fact, there are already a number of major projects that are getting quite far along in the development process including plans to partially power/offset electric use by Twin Cities Light Rail system and build a large solar farm to supply Xcel Energy.

The Chisago County solar development project is an exciting project in my opinion because it demonstrates several things: that solar can be produced even in the northeastern part of the state, that it is economically viable for the utility, and that it is economically valuable to the community (property taxes and lease income for solar are much higher than the going rates for agriculture in that marginal growing part of the state). Still, not everyone is happy. Some residents that were surrounded by solar leases had their homes bought out by the developers, but others who merely bordered it, or were boxed in on the sides by different developments, have been complaining. They weren't offered buyouts and are concerned about views. I tend to agree that they won't be much affected, especially with the planting and maintenance of a tree buffer, and the arrays are not noisy, polluting, or disruptive, so physical impairment of the use and enjoyment of their land should be minimal to none. It seems to me that this is another case of NIMBY-ism, though slightly more justified than the irrational windmill haters opposed to the Cape Wind project in Massachusetts. Still, they do have some marginal affect on their property interest (in their community's nature and their potential views, they seem to discount how panels can be interesting to watch, especially tracking ones, and the potential for increased birds and insects in the soon to be non-agriculture plant growth surrounding the panels). It is also not even clear that being near a solar project will harm property values because none of the area houses have yet been offered for sale, let alone sold on open market. This would bear watching in the future as a test, but there are lots of other factors that would need to be examined as well to tease out the possible effects of the solar site.

Other anti-solar movements, posing as neighborhood concern, have appeared in Sherburne County, where residents are trying to push a setback for solar arrays to hundreds of feet, essentially rendering the project uneconomical and killing it. While it is reasonable to have larger zoning setbacks when residential and commercial/industrial uses meet, it is not rational to push it to such an extent that a non-invasive, non-harmful, non-polluting use becomes impossible (i.e. it's not like they are building a loud, noisy, dusty, polluting cement factory). I don't know what direction the county zoning board will go, but I do hope that they opt for a number that still enables development of solar projects of sufficient size to be economical for the developer and meaningful for the state's energy needs.

Finally, there is the issue of residential solar development. Some people can't put panels on their home because they rent, have an apartment, or have an unsuitable roof type or orientation. For them, the solution is to buy a share in a community solar garden. This is a Minnesota specific (so far as I can tell) solution whereby a person or entity buys a share of the power from a third party solar development that can then be applied toward his/her/its energy bill. This expands access to solar greatly, helps create a market for solar energy, and provides financing for additional development. For those who do have the financing, site suitability, and space for hosting their own solar, there are many programs and incentives for financing them including tax rebates, exemptions from property tax for the value of solar panels, and other possible incentives that vary by municipality. Financing can also often be achieved using PACE (Property Assessed Clean Energy) programs, where the cost of the array is added to the property tax assessment and paid off in installments at low interest over a number of years. And, to ensure that changes in the neighborhood don't impede established solar, Minnesota has created a statutory solar easement (there might be a common law one as well, but I'm not sure about Minnesota, other states definitely do) that guarantees a right to the sun for properly described panels, including the right to restrict the use of neighboring land that might impair that right.

As a fun thought experiment, I also pondered whether such a solar easement (express or implied) would be a property right subject to eminent domain. I believe it is because under a line of Supreme Court cases, while there is no longer a right to the sky infinitely, there is a right to as much of the sky as can reasonably be used by the occupant on the ground. This prevents airplanes (except low flying ones) from being trespassers, but it does create a right to build tall buildings, windmills, geothermal plants, gas flares, and other structures and developments that might require large amounts of overhead clearance. It also almost certainly would include a right to unimpeded access to the sun for an existing solar array (of any form) or solar heating element. If a neighbor built in a way that harmed it, that neighbor would be damaging your interest and you could likely enforce your easement (especially if recorded). If the government built in a similar way, it would have to compensate you, though what that compensation would ultimately consist of I couldn't begin to guess. There are so many things that could be considered (value of panels, value of the energy, value of future production, etc.) that it would be quite an interesting fight, one that would surely make it into textbooks, lecture circuits, and conferences around the country. I don't think it's happened yet, but with the amount of growth we are seeing in the solar industry, it's only a matter of time.

So, solar is a growth industry, and it's even growing here, in the seemingly unlikely northern state of Minnesota. We may not have the non-stop desert sun of Arizona and Southern California, but we do have an excellent resource and are only beginning to tap into its potential.

Monday, January 25, 2016

Reboot!

So, it's been a long time since I last published. This is due to a number of personal and professional reasons that I don't really want to get into, but there have been a lot of changes in my life. I got married, bought a house, and returned to school for another graduate degree. This time I am studying GIS (Geographic Information Science) at the University of Minnesota. My goal in this is to develop a strong analytical and technical skill set that I can combine with my legal training and policy knowledge to build a more successful and interesting career in land management/use, natural resources policy, environmental law, consulting, or renewable energy development.

I'm enjoying my return to academia (while also continuing to work). It's good being able to use my brain for things I'm actually interested in and to explore the realm of facts and ideas in a way that isn't just keeping it to myself or a small conversation group. I suppose that's why I initially started this blog, but things happen. I'm back now, though! So that's something.

Picking up on the school theme, that is the primary driver behind my return to active blogging. It hasn't been a lack of interest or ideas, just a combination of time, in person conversations with people substituting for posting on the same topic, and a few other obstacles that are no long relevant. Plus, one of my classes this semester is called Geography and Real Estate and one of the project options for it is to develop a blog about property and land issues in Minnesota. Well, I already have a blog and it is already largely focused on land and environmental issues. Why not discuss property as well? Property issues are really just another type of land use decision and all land use decisions are fundamentally environmental decisions. The built environment is just as much a part of our world and has just as strong an impact on people's health and well-being (possibly more if one never is able to leave the city), so I don't think I need to redirect or rededicate the blog's original purpose. And even if I did, it's my blog, so I can do it if I want to.

So here's a recap/reintroduction/summary of what I hope to accomplish for new users (Hello Professor Squires!), repeat users (Hello Russian Search Engine Redirects, for some reason), and various webcrawling scripts:
I have a background in environmental history and science and have a degree in law with a focus on environmental and natural resources law with a particular interest in land use and resource management policy. This blog is really dedicated to exploring the social, environmental, political, economic, and occasionally philosophical aspects of news items, events, and scientific discoveries/announcements that in some was relate to public lands or the human environment (so, everything). I generally pull post ideas from the national media, though I do sometimes find local stories with a good hook (not hard being based in Minnesota, though they aren't always derived from here) or do research on general themes that I have been pondering for a while and decided to write up. I also like to write up summaries and reviews of parks that I visit, hence the name (there are a few that I've got coming, but I don't think I'll be doing all the ones I've been to since my last posting).

That's enough of an introduction for now. If you want to learn more about my thoughts and interests, please read through my posting history, it's not that long, or wait a few days. I've got more posts coming soon. It's for academic credit, so you know this time the promise has some heft!