County backs energy code updates with caveats on decommissioning, fire safety and siting

The county planning board reviewed several related local‑law referrals on energy systems and recommended approval with substantive comments focused on decommissioning, safety and documentation.

For the Geneva battery energy storage code (referral 134), staff highlighted a two‑tier approach: Tier 1 systems (≤600 kWh) would be permitted in all zoning districts without site plan review (subject to building permits and applicable codes), while Tier 2 systems (>600 kWh) would require special use or site plan review and a decommissioning financial security. Members urged the town to adopt a clear methodology for periodically updating the required financial security and to consult local fire departments early in the review process to address emergency response procedures for BESS facilities.

For the town solar code amendments (referrals 135 and 144), staff noted the draft replaces a 4,000‑square‑foot limitation with a 110% on‑site energy production threshold for Tier 2 systems and establishes siting and decommissioning standards for large‑scale systems. County CRC comments recommended clarifying how 110% on‑site calculations will be documented, which ag‑soil mapping source will be used for any prime‑farmland limits, and whether decommissioning requirements ensure full removal and site restoration. One member raised concerns about potential long‑term subsurface impacts and asked that decommissioning require complete removal and restoration of subsurface footings and contaminated soils.

The board recommended approval with written comments to the referring boards asking for clearer decommissioning language, periodic review of financial securities, explicit coordination with fire and emergency responders, and precise methodologies for energy‑production and soil‑classification calculations.