Commissioners uphold Placitas solar farm decision on split vote

BERNALILLO — The Sandoval County Commission Chambers were full of Placitas residents opposing a Planning and Zoning (P&Z) recommendation to change a residential zone to a special use zone to benefit the Diamond Trail Ranch Solar Farm and Battery Storage Facility project.

Those residents were sorely disappointed during the Feb. 18 meeting when commissioners voted to uphold that recommendation with commissioners Katherine Bruch, Mike Meek and Josh Jones voting “yes” and Jon Herr and Jordan Juarez voting “no.”

That vote came after over two hours of testimony from P&Z; the applicant and project head, PCR; the opposed side, the manager of Diamond Trail Ranch; County Fire Chief Eric Masterson; and commissioner comments.

Planning and Zoning P&Z’s recommendation came during the Dec. 10 meeting, despite vocal public opposition. Those opponents immediately filed for appeal.

“This morning’s action is necessary as multiple appeals were submitted to the Sandoval County Planning and Zoning department regarding the aforementioned project, a request for a zone map amendment from rural residential agricultural to special use for the proposed solar energy and storage facility within the Diamond Tail Ranch,” Planning and Zoning Director Daniel Beaman said.

The subject site is vacant rural land located on roughly 1,800 acres stretching through the East Mountains and into Placitas. The solar project would be adjacent to the Diamond Tail Substation owned by PNM.

It was the P&Z’s opinion that PCR met the criteria for establishing its project there. The recommendation was sent to commissioners for final approval.

As of the Feb. 18 meeting, the project had not broken ground and still required several permit approvals.

Opposition to the project

Turquoise Trail Regional Alliance President Karen Yank began the opposition’s presentation by referencing dozens of businesses against the solar project.

“It’s our only national scenic byway that attaches the international airport to the state capital, and it’s used by thousands of tourists a year and brings in a lot of revenue,” Yank said.

Yank identified the solar site as part of the preservation corridor that Turquoise Trail, Bureau of Land Management Santa Fe, County Open Space, Albuquerque Open Space and State Lands partnered to create to connect the Sandia Mountains to the San Pedro Mountains.

Yank’s suggestion is to either rezone the location or relocate the solar farm.

“Rezoning or relocating this project would be a win-win ... because we would remain a leader in scenic preservation and clean energy,” she said. “If we relocate to a better location, [the applicants will] have a more successful project,” she said.

Next, East Mountains Protection Action Coalition (EMPAC) environmentalist and physicist Bill Parsons addressed project relocation.

“Even though we’re environmentalists, we are opposed to this particular installation,” he said. “We do support solar energy, but I will give you the bottom line up front: We think the battery storage facility, as designed to plan, is too risky.”

Parsons also expressed more direct environmental concerns.

“It would be as if you drop a gigantic bomb into the middle of the East Mountains. Most of the habitat loss will be permanent,” he said.

Another concern was that PCR did not meet all of the guidelines for fire safety. Parsons and others against the project say they had not seen a comprehensive fire safety plan for the project.

Parsons also pointed out that the fire risk map from PCR did not show the area next to the proposed facility location, which is marked as “high to extreme risk” for fire danger on county maps.

“It’s the cheapest place to put it because it’s the closest to the PNM substation. It’s all about the money,” he said.

Parsons was also concerned about the risks of losing water to the project.

“I can say is PCR has never been able to tell us where the water is going to come from. My calculations are they’ll need about 200, 250 million gallons,” he said.

Parsons also expressed concerns about water loss and emergency access roads.

Lastly, he proposed the project be moved to the Albuquerque West Side, where other solar facilities already exist.

EMPAC also brought House Bill 435 to the commission’s attention. The bill would make projects like this more difficult to develop on certain lands. It currently sits in the House Energy, Environment and Natural Resources Committee.

PCRPCR CEO Mariano Brandi insisted they have met the county’s requirements for the project, including the fire regulations.

To make this point, fire engineer and marshal Todd LaBerge talked about the project’s faults and how those can be mitigated, offering to discuss the fire safety of the solar facility with EMPAC’s people.

LaBerge pointed out that no matter where the project is located, fire is always a risk.

He also debunked several of Parsons’ claims, including that there is no fire or water plan.

PCR’s lawyer doubled down, saying the opposition has no grounds to appeal the P&Z’s recommendation.

“Simply being unhappy is not grounds for an appeal,” he said.

CommissionersCommissioners’ opinions were split on the project, and that ultimately reflected in the votes.

“I’m asking if the length of this project and how this project runs is tied directly to this special use application so that it ends at the end of the lease, or do we set that timeline?” Bruch asked.

Beaman said it ends with the continuity of use.

Next, Bruch asked if any other use of the land would be considered an acceptable use. Beaman said it would not.

Bruch also had questions about the stance of the landowners and what their possible motivations may be.

“It’s really to survive. I don’t think it’s a secret ranches really have to do something to survive. Cattle don’t do it anymore,” said Manager Scott Butcher. “In order to make any kind of income, this is one of the things you have to do.”

Butcher said project proceeds would be used for water conservation efforts. Some of the ranch’s vegetation needs a lot of water, and it would ultimately benefit the entire Rio Grande Valley.

“That water goes right through and under into San Felipe Pueblo and into the Rio Grande Valley, which would literally be tens of millions of gallons a year,” he said, “which would totally benefit the entire Rio Grande aquifer.”

Herr said he appreciated the opposition’s statements and that the project needs further review.

Juarez asked what was being done about some potential hazards involved with the lithium-ion batteries and the heavy metals that could seep into the soil and groundwater.

“The concern comes, and very rightfully so, what happens if we have a catastrophe?” LaBerge asked.

He said the way they keep the soil and ground water clean is by not watering when a fire occurs. Since it is just a solar panel and battery box where no humans are present, they just let the fire burn.

The response prompted Juarez to ask about fire risk, citing the strong New Mexico wind gusts and the wind’s role in the recent L.A. fires.

Jones asked what a postponement would do to the project.

Brandi responded that this project is three years in the making and at a crucial stage.

Lastly, Sandoval County Fire Chief Eric Masterson said they have no objections to the project.

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In the end, Herr and Juarez voted “no” for the zone change affirmation and the others voted “yes.”

Now that the zone change has been approved, EMPAC says it will pursue further litigation with the Public Regulation Commission.

County Manager Wayne Johnson said this was the last step before the project moves forward but that PCR still needs permits and a full design before construction begins.