County Commissioners approved Road Use, Decommissioning & Economic Development Agreements for Tamarack Solar Project with 2-1 vote

The Marshall County Commissioners approved the Decommissioning Agreement, Road Use Agreement, and an Economic Development Agreement for the Tamarack Solar Farm Project by Invenergy with a 2 to 1 vote on Monday. 

Hannah Clendening from Barnes and Thornburg presented the final versions of the agreement.  The solar-powered electric generating facility will have a rated capacity of approximately 150 megawatts.  Invenergy will invest up to $275,000,000 in equipment and real estate improvements in the county. 

To induce Invenergy to complete the project, the county desired the execution of an Economic Development Agreement between the county and Invenergy.  The Economic Development Agreement sets a guaranteed minimum assessed value.  That floor was set at $82,500,000 and 30% for the real estate.  It also includes an assignment provision that requires if any parts of this project or agreements are assigned, it has to be assigned to the same entity for each agreement.

The Road Use Agreement details much of the current zoning ordinance regulations. It spells out a Traffic Management Plan identifying routes to be used during construction.  It also details how the pre- and post-road improvements and certain drainage improvements will be identified.  Clendening said they still needed Highway Superintendent Jason Peters to approve the bond amounts for drainage structures and road improvements.

The Decommissioning Agreement also details much of the current zoning ordinance standards and a timeline for decommissioning if the project is abandoned.  It also details the bond the company will provide to the county for the cost of decommissioning the project.  The amount of the bond will be at least 125% of the estimated decommissioning costs at the time of evaluation and it will be reviewed every three years. 

County Attorney Jim Clevenger said, “The intent of the agreements is to make sure the county is not spending money as a result of this project.  If the Decommissioning Agreement, as we talked about this in the past, a lot of landowners have those provisions in their separate agreements, but we made provision on the county level, if we get into some kind of a decommissioning situation and the Road Use Agreement is the same way.  If the roads aren’t strong enough to handle the proposed traffic for loading, and unloading solar panels, the electric-generating equipment, and that kind of thing.  I provided that the company would be responsible for improving that roadway so as to handle that.  Most importantly is after the project is completed we make sure that those roads are in as good of shape or better than they were going in.”

Clendening stated, “This project is complying with the solar standards from your ordinance.”   

County Commissioner Mike Burroughs made a motion to approve the resolution authorizing the Decommissioning Agreement and the Economic Development Agreement which were ready for signature and to approve the Road Use Agreement once Highway Superintendent Jason Peters approves the bond amount.  Commissioner Kevin Overmyer seconded the motion, and the vote was two in favor with Commissioner Stan Klotz voting against.  After the meeting when asked why he voted no, Klotz said, “I don’t like any of it!”