Distributed Energy Priorities.
Electrical utilities that serve more than 25,000 customers must use renewable energy to produce, or acquire renewable energy credits equivalent to, 15 percent of the energy the electrical utility annually provides to its customers. The use of certain energy sources, or the acquisition of credits from those sources, count more toward this goal than others. Between July 27, 2025, and December 31, 2029, new distributed energy generation that has been declared a distributed energy priority is counted at four times the actual energy output of the facility toward the utility's renewable energy requirements if the utility owns or has contracted for the energy generation and renewable energy credits or has purchased the renewable energy credits.
Agrivoltaic facilities are one example of a distributed energy priority. An agrivoltaics facility is a ground-mounted solar energy system designed to be operated at the same time as the land is used for agriculture or livestock.
Agricultural Land Under the Growth Management Act.
The Growth Management Act (GMA) requires that certain counties, and the cities within those counties, engage in planning for future population growth. A county may be subject to the planning requirements of the GMA because of the county's population and population growth rate around the time of the GMA's inception in the 1990s, because of the county's population growth rate over a subsequent 10-year period, or because the county opted-in to the GMA planning requirements. Altogether, 18 counties are required to plan, 10 have chosen to plan, and 11 are not subject to the full GMA planning requirements.
Under the GMA, counties and cities must designate agricultural lands not characterized by urban growth that have long-term significance for the production of food or other agricultural products. Counties and cities planning under the GMA must adopt development regulations to assure the conservation of agricultural lands.
In regulating these lands, counties and cities can allow for nonagricultural accessory uses that support agricultural operations. Accessory uses cannot interfere with the overall agricultural use of the property, and must support the continuation of such use. Nonagricultural accessory uses can include new buildings, parking, and related uses, but cannot result in the conversion of more than one acre of agricultural land to nonagricultural use.
A pivot corner is the uncultivated portion of an agricultural field that is adjacent to, but outside of, the area irrigated by a center-pivot irrigation system. A solar pivot corner facility is a ground-mounted solar energy system that is placed in a pivot corner, and that is designed to be operated in conjunction with the irrigated agricultural land adjacent to it.
Solar pivot corner facilities are a distributed energy priority.
Solar pivot corner facilities may be allowed by counties and cities on agricultural land as an accessory use.
The substitute bill:
(In support) The idea for this bill came from a report that mapped potentially suitable farmland for agrivoltaics and the possible impacts on crop yields. The report said that the use of agrivoltaics could make substantial inroads into electricity needs. There are 40,000 acres of pivot corners that can provide a great deal of energy. Last year the Legislature encouraged use of agrivoltaics, and this bill is the next step to realizing that potential without reducing agricultural lands. One of the most difficult challenges with clean energy is siting, as more facilities are needed but there is also a need to protect the environment and agricultural lands. Adding pivot corners as an option when used alongside agricultural production does not encroach on the agricultural use of the land but allows farmers another revenue stream. This bill promotes renewable energy and the protection of agricultural lands.
(Opposed) None.
(Other) Section 2 of this bill allows solar facilities as agricultural and nonagricultural accessory uses, which could result in the loss of farmland. Section 3, which deems solar pivot corner and agrivoltaics to assure the conservation of agricultural lands, is concerning, and the bill needs additional work. We need to figure out how to include this in the Growth Management Act.
(In support) Representative Zach Hall, prime sponsor; and Lily Storbeck, The Nature Conservancy.