City Planning Director Brian Herrmann explains to the City Council that the Planning Commission supports an amendment to the city code exempting community solar energy systems from existing land limitations.
What should have been a pretty standard meeting of the Cambridge City Council on July 14 ran long and included a couple of tense moments between the mayor and a commissioner during debate on a proposed text amendment championed by a solar energy company that applied some gentle pressure to help get it passed.
Ordinance No. 1249 came up for a second reading, to be followed by a vote. The proposal was to amend the city’s unified development code to provide that community solar energy systems be exempt from the current 350-acre land limitation. Director of Planning Brian Herrmann made a presentation in which he explained that the change would be minor and was supported by the planning commission. After that, he made way for Brian Showalter and John Shields of Pivot Energy Development LLC, who proceeded to campaign for the text amendment.
Showalter explained for the audience that community solar allows anyone in the community to purchase solar power, especially if they don’t have their own solar equipment. There would be savings for the subscriber, as the cost is below that of Delmarva Power. Also, no commitment would be required.
“The State of Maryland is very pro-solar right now, and the General Assembly passed a pretty significant law that provides greater clarity to the state’s preemption of local government authority with respect to zoning,” said Showalter. “The city’s 350-acre cap with respect to other solar installations probably isn’t enforceable, either, but Pivot has a community solar project that we’re proposing.”
“Our explanation to the planning committee was that we want to work with the city within the framework of your regulations, and we have a project that would exceed your acreage cap,” Showalter continued. “Without this text amendment, we have no choice but to go to the state and say, ‘Preempt the city, disregard their acreage cap, and let us build our project.”
Commissioner Frank Stout asked how many acres Pivot’s project would use, but Pivot couldn’t say. After a follow-up question by Commissioner Shay Lewis-Cisco, Mayor Lajan Cephas announced that they needed to move on to the public hearing.
But Commissioner Brian Roche said he had a quick question.
“Community solar has very specific goals,” began Roche. “From what I understand, it’s to benefit low-income individuals. … How do we know and how does the state know that this power is actually for its intended purpose, which is to lower the utility rates of, in many cases, income-constrained individuals or the community where it’s located?”
Shields answered that there are requirements for who is eligible for the program and that Pivot would have reporting requirements about whom they sold power to. Then Roche asked for assurances that Pivot would be meeting the state’s definition of “community solar.”
After a moment of silence, Mayor Cephas said, “Okay, we’re gonna move forward–”
But Roche cut her off. “Madame Mayor, I apologize, but I demand an answer to this question.”
“You will have an opportunity to answer your question after we have the public hearing,” Cephas responded. “The public deserves the chance to speak and give their opinion…”
“A point of order,” said Roche, pointing his glasses at City Attorney Patrick Thomas. “I can get an answer to this question, and then she can move on.”
Thomas raised his hands helplessly. “The mayor chairs the meeting. But he’s ready to answer the question.”
“At some point, we need to follow the agenda,” said Cephas, looking at Roche. “So, I will do what’s not the norm and allow you to have your way. But at some point we need to follow the agenda because we’re behind in time and the public deserves the opportunity to speak on this ordinance.”
Showalter approached the podium again and explained that Pivot’s project was approved under the authority of the Public Service Commission. If Pivot did not comply with the commission’s edicts, they would lose the ability to operate.
“Perfect,” said Roche. “Thank you so much.”
Following brief public comments, the council approved the ordinance.
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