State Legislation Threatens Local Control over Wind and Solar Projects in Colorado
Once again, the state of Colorado is seemingly disregarding local municipalities and their authority to make decisions that best serve their communities. State lawmakers, who believe they know better than the experts residing in 64 counties statewide, are pushing legislation that would limit local control, all in the name of the state's ambitious and often unattainable plans to transition to carbon-free energy sources.
Although the Democratic lawmakers are still finalizing the bill, an early version reportedly obtained by CPR News, reveals their intention to establish a standardized process for local governments considering renewable energy projects.
The proposed legislation would reportedly place restrictions on potential rules that could impede the development of wind and solar farms, as well as electric transmission lines. For instance, the bill would prohibit cities or counties from requiring more than 150 feet of space between occupied buildings and solar energy facilities. It would also limit any moratorium on renewable energy projects to a maximum of six months.
State Sen. Chris Hansen, a Democrat from Denver, expects to introduce the bill in the coming weeks.
In an interview with Colorado Public Radio, he claimed that the proposal is not intended to strip local governments of their traditional authority over commercial development but rather to ensure that essential infrastructure projects have a clear path forward.
Hansen emphasized the importance of preparing for the potential billions of dollars in investment that could come from these projects.
The upcoming bill is likely to ignite a clash between climate advocates and local voices who oppose clean energy projects in rural communities. A recent report from the Sabin Center for Climate Change Law at Columbia University revealed that local governments in 35 states, including Colorado, have already approved at least 228 restrictions on renewable energy development.
While many communities in Colorado have embraced renewable energy and adopted favorable rules to guide its development, some areas have taken a different stance. For example, Washington County in northeastern Colorado has implemented some of the state's strictest regulations on renewable energy projects, including a requirement for one-mile spacing between structures and new wind turbines.
Similarly, residents in southern and southwest Colorado have successfully halted several proposed solar projects, citing concerns about property values, traffic, and wildlife impacts.
Regulators are also in the final stages of considering a $15 billion portfolio of new generation and energy storage projects, which would enable the company to meet a state mandate of reducing climate-warming emissions by 80 percent by 2030.
Not everyone is on board with these plans.
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Kent Vance, a commissioner from Washington County, sees similarities between the proposed legislation and Governor Jared Polis' approach to housing. The governor's administration is currently pushing legislation to force communities to allow accessory dwelling units, commonly known as granny flats, in order to increase the overall housing supply in Colorado.
Vance tells CPR that this bill is a steppingstone towards centralizing land use codes under state control.
The legislation being proposed in Colorado raises concerns about the erosion of local control and the imposition of a one-size-fits-all approach to land use. Critics argue that decisions regarding renewable energy projects should be made at the local level, where residents have a better understanding of their communities' needs and concerns.
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