Since 2021, Senate Bill 52 has given county commissioners in Ohio the power to regulate utility-scale solar projects. The bill addressed three concerns that most Ohioans have about solar power: how long the panels will last, where the profits from the project go, and how soil health is maintained.
Before Senate Bill 52, the Ohio Power Siting Board (OPSB) controlled all the regulations around solar. The new split-level system was designed by Ohio Senators Rob McColley (R-Napoleon) and Bill Reineke (R-Tiffin) to give local governments more power.
The industry was new, and it needed clear restrictions. Now, Ohio is one of the strictest states in the country. On the solar developer’s side, two of the requirements are decommissioning plans and public meetings.
A decommissioning bond is a set of funds put aside that will last the life of the project. These bonds hold millions of dollars reserved specifically to remove the project from the land it occupies. The decommissioning plan also names the parties responsible and a timeline for removal, so that farmers can protect their property.
A solar panel’s life can be up to 30 years, and the technology improves daily. Solar recycling is also growing. The decommissioning bond must cover the entire expected life of the project. When the land lease expires or the panels stop working, this fund will care for the land.
One of the commissioners’ key powers is the ability to approve each solar project that passes through their office. Before building, bonding, or applying to the OPSB, developers must hold a public meeting.
When a solar project is proposed in Crawford County, you will see a notice published about the public information meetings. In that meeting, citizens can make requests and provide feedback to the developer on the project. Common requests include: additional setbacks from roads and non-participating landowners, as well as increased vegetative buffering to help with the viewshed.
The commissioners look at the planned project and decide if it fits the community’s needs. If they approve it, the developer goes to the OPSB for final permits.
Senate Bill 52 was the result of compromises, and the law is ever-changing. The Ohio Farm Bureau did not initially support the Bill because of concerns about landowner rights. Individual townships have also raised concerns about their rights, since technically, the Commissioners can override their requests to be exempt from a solar ban.
The OPSB’s newest requirement is Agricultural Protection Plans, also called APPs. These plans require consistent testing for soil health and topsoil preservation, and guarantee that fields are brought back to baseline soil condition after the solar panels are removed. Other requirements include restrictions on mowing, invasive species, and wildlife monitoring.
Senate Bill 52 forced solar developers to look at rural Ohio not as land for a project, but as communities with potential. The County Commissioners will always have the power to strike down any unfit proposed solar project. They are and should be selective about which developer is the right one for the job.
In turn, developers must trust the local farmers and government to know what’s best for their land. Approving a new project involves commitment to showing up, investing in the local economy, and being a good neighbor, long before build day and long after.