MEETING DATE: 10/11/2016
DEPARTMENT: RESOURCE MANAGEMENT AGENCY
DEPT HEAD/DIRECTOR: Brent Barnes, RMA
AGENDA ITEM PREPARER: Barbara Thompson
SBC DEPT FILE NUMBER: 790
SUBJECT:
RESOURCE MANAGEMENT AGENCY - B. BARNES
Receive update regarding the status of the PV2 (Panoche Valley Solar) Project.
SBC FILE NUMBER: 790
AGENDA SECTION:
REGULAR AGENDA
BACKGROUND/SUMMARY:
In 2013, the Court of Appeals upheld the County’s Final Environmental Impact Report (FEIR) for Panoche Valley Solar, LLC’s (PVS) 399 megawatt solar photovoltaic facility to be built on 3,202 acres in the Panoche Valley.
In 2015, the County adopted the Final Supplemental Environmental Impact Report (FSEIR) for a revised smaller version of the same project — 247 megawatts (MW) to be built on 2,506 acres in the Panoche Valley.
The 2010 project had a five-year construction schedule affecting 3,200 fenced acres and was designed to create more than 23,000 acres of on- and off-site conservation areas.
In August 2014, PVS applied for a modified use permit for the project, which was reduced from the 2010 project. The 2015 project reduced the proposed building footprint and disturbance area by 700 acres (to 2,506 acres), increased the conservation and open space areas, and decreased the construction schedule from five years to 18 months.
In June 2015, Petitioners Sierra Club and Santa Clara Valley Audubon Society filed a CEQA lawsuit against San Benito County and PVS challenging the County's 2015 SEIR. The San Benito County Superior Court rejected the claims and in September 2015 entered judgment in favor of the County and PVS. Petitioners filed an appeal and briefing was completed on August 25. The next step is for the appellate court to set a date for oral argument. After oral argument, a ruling will likely issue within 90 days after that. The County expects that the appellate proceedings will be resolved within 15 months.
This matter is before the Board on today's date to provide an update to the Board regarding the status of the project.
BUDGETED: