Excelsior Solar Project

The chair of ad hoc committee charged with exploring clean energy initiatives in the Town of Byron sees the municipality’s Clean Energy Community designation by the New York State Energy Research & Development Authority as a springboard for further action.

Now, she just has to get the Town Board’s support.

“By completing the five action items as required by the New York State Energy Research & Development Authority, the Town of Byron has earned a $5,000 grant to assist with future clean energy initiatives,” Candace Hensel said today. “We are looking to use the money towards completing additional high impact actions that will help us progress in the CEC program.”

Hensel is the driving force behind the Clean Energy Resources Information Committee, an informal group that reports monthly to the town board. Active members include Kaitlyn Moucha, Sara Stockwell and Brian Stacy. Other town residents participate, depending upon the project.

The action items completed by the town to receive the CEC designation are benchmarking, energy code enforcement training, adopting a unified solar permit and an LED conversion of the town’s streetlights. Hensel said it was credited for a fifth action item for advanced benchmarking.

Points are awarded for each of the 14 action items identified by NYSERDA, with grant amounts based on the number of points.

The Town of Byron now joins the Town of Batavia and Village of Bergen as NYSERDA Clean Energy communities. Other municipalities in Genesee County participating in the program are the Village of Corfu, Town of Pembroke and City of Batavia.

Hensel said her “eyes were opened” to what was going on in New York State regarding clean energy when she heard about the 280-megawatt Excelsior Energy solar project in the Town of Byron.

“I had tried to get the town to look into some of the incentives available to communities, but I really didn’t get anywhere with the town so – about two years ago – I created a petition and got a list of names of other people who at least thought the town should look at into some of these programs,” she said.

Eventually, the town board authorized Hensel to chair a committee (CERIC) to explore the possibility of attracting grants to assist with community clean energy projects.

Hensel said she felt much better about putting a group together and pursuing clean energy opportunities knowing that she had the town board’s backing.

“In New York State, from the governor’s standpoint and to the trickle-down effect to DEC and NYSERDA and then you go on to the utilities, they’re all required to participate – to an extent – and comply with a lot of these clean energy programs that have been enacted,” she said.

Hensel said CERIC was unsuccessful in its bid to receive intervenor funds from the Excelsior Energy solar project, but that hasn’t stopped the group from its goal of “investigating incentives and reporting back to the town with our recommendations for participating (in the Clean Energy Communities program) and the advantages of doing so.”

“The town board listens to our report monthly but really, as a whole feels its capacity is limited or can’t put the time in; so, we do get stonewalled,” she said. “They did, however, let us pursue the Clean Energy Communities program, and no town funds were expended toward this CEC designation.”

She said CERIC also is looking into the Climate Smart Communities program administered by the state Department of Environmental Conservation.

“The benefits of participating in the DEC program are much greater,” she said. “Grant incentives are much greater – with funding of up to 50 percent of major clean energy projects. So, we see that the carrot at the end of the stick is much greater.”

Hensel said CERIC requested that the town board vote to join the Climate Smart Communities program “because all of the actions that we completed in one, we can apply to the other.”

“Representatives of the Genesee/Finger Lakes Regional Planning Council did a presentation for the board and a resolution was made, but at that board meeting, no one would second the motion to continue on for a vote for that particular program,” she said.

CERIC isn’t giving up on that, however, as it plans to approach the board again on the DEC program next month.

Town Supervisor Peter Yasses said CERIC must report its recommendations and proposals to the board but can “make no commitments” while Town Councilman Eric Zuber said his concerns center upon the stipulations for receiving the grants, especially those that include the town having to match funds for a particular project.

“There are a lot of bells and whistles – hoops you have to go through,” Zuber said. “Anything that we do has to make sense for the town in the long-term.”

Hensel said the committee currently is involved with a clean heating and cooling campaign in conjunction with Pathstone and the GFLRPC that kicked off in April at the Genesee County Home Show.

“They are following up to complete energy audits and have them as part of the Heat Smart Finger Lakes North program,” she said. “Hopefully, people will sign up with a contractor, who will evaluate their homes and make recommendations on heat pumps or geothermal and to see if anyone wants to learn more about those and the tax credits that go with them.”

Press release from BAAS:

On Dec. 10, Byron Association Against Solar members Eric Zuber, Gayla Starowitz and Jim Lamkin led state and local officials on a tour of the proposed Excelsior Solar Project in Byron as indicated by the black line on the Excelsior map (above).

Included on the tour were officials and attorneys from NextEra/Excelsior, the New York State Department of Environmental Conservation, the Department of Public Service, the Department of Agriculture, BAAS and the Byron Town Board.

The purpose of the tour was to allow state and town officials to see for themselves the size and scope, and magnitude of the prime farmland acreage that will be covered by solar panels if the NextEra/Excelsior project is approved.  These areas are colored “purple” on the attached map.     

Local landowners have agreed to lease 3,400 acres of land for 30 years for the project although only about 1,700 acres (in purple) will initially be covered by solar panels, roads, fences, wires, poles, batteries and other related equipment.  The landowners, the Byron-Bergen Central School District, Genesee County and the Town of Byron will receive compensation from the project.

We ask that Byron Town residents view the proposed site of the project for themselves by starting at the South Byron Firemen’s Recreation Hall and following the black line on the map.  The numbers represent view sites.

It is expected that in early 2022 the project will be reviewed by the New York State Siting Board as part of the Article 10 process.  If approved, it is likely that construction will begin in 2022.

What was advertised as a public hearing on incentives being offered by the Genesee County Economic Development Center to the developer of the Excelsior Solar Project in the Town of Byron turned out to be an opportunity for parties on both sides of the issue to re-emphasize their positions.

During the 25-minute videoconference, Mark Masse, GCEDC’s senior vice president of operations, read written statements from representatives of three farms who are leasing land for the 280-megawatt, 1,600-acre system -- Star Growers Land LLC; L-Brooke Farms and Colby Homestead Farms.

Their comments supporting the project – a huge financial windfall for the Town of Byron, Byron-Bergen Central School District and Genesee County, plus the creation of 290 full-time equivalent jobs – were followed by an oral statement from Eric Zuber, Byron town councilman and community farmer, who has opposed the plan since it was introduced more than two years ago.

Excelsior Energy, a subsidiary of NextEra Energy Resources LLC of Vero Beach, Fla., has plowed ahead under the authority of Article 10 of the New York State Public Service Law, while committing to pay the aforementioned taxing jurisdictions upwards of $44 million over the next 20 years.

The solar company is proposing to invest $345.55 million in a utility-scale solar project on multiple properties (46 parcels to be exact). It also has negotiated 20-year tax and community host agreements, including payments of $6,500 per megawatt, with a 2-percent annual escalator, to the county, Town of Byron and the Byron-Bergen school district.

$1.82 Million to Entities in Year One

What that means during year one, according to figures provided by the GCEDC, is that Genesee County would receive $281,775, the Town of Byron $862,522 and BBCS $675,703. That initial $1.82 million outlay would increase by 2 percent for each year after that for 20 years.

In return, the solar company has requested that the GCEDC approve property tax abatements estimated at $21,498,313 over that period and sales tax abatements (for construction materials) estimated at $11,288,287.

For its role as facilitator, the GCEDC receives a 1.25-percent fee – in this case, $4,319,458, which it will collect at the time of the financial closing.

Furthermore, farmers will stand to profit significantly through the leasing contracts they signed with Excelsior Energy.

Participants include Legacy Lands, LLC; Brooke-Lea, LLC; Call Lands; Lea-View Farms, LLC; Richard Colby; L-Brooke Farms, LLC; John Starowitz; Leo Starowitz Jr.; Star Growers Land LLC; John Starowitz and Andrew Starowitz; John Sackett Jr. and Charles Sackett; CY Properties LLC; and Call Lands Partnership.

Farm Reps Applaud Solar Project

In their written statements to the GCEDC board, Barbie Starowitz of Star Growers Land LLC; Jim Vincent of L-Brooke Farms, and Richard Colby of Colby Homestead Farms touted the project’s benefits for the Byron community and positive impact on the future of farming.

“The Excelsior Energy Center not only will support our farm for generations to come but also will provide new local revenue and new local jobs for our community,” Starowitz wrote, adding that the EEC has committed to hiring 90 percent of the employees (except for construction project management) from the local labor force.

Starowitz said diversification is crucial to today’s farmers.

“Farmers are trying to diversify so they can continue to stay in business in the future. Each crop year, we rely heavily on the weather. But for too many years it was either too wet or too dry. Crops have been suffering, low yields, bad quality and so on. But the farmer must still come up with the money to pay the expenses,” she wrote.

Her statement indicated that clean solar energy will help the farms to survive by reducing “economic pressures faced by farmers and encourage an approach that does not permanently remove land from agricultural production.”

She concluded by recognizing Excelsior’s “commitment to community input” by hosting monthly meetings at the Byron Hotel and reaching out to residents through other means.

“The Byron community of over 2,300 can all benefit from the solar project, working together as a positive thing for the community and future generations,” she wrote.

'Vehicle for Long-term Reinvestment'

Vincent said he and his affiliates “are advocates of green energy, innovative technology and the many advantages the Excelsior Solar Project represents, and not just because of having some of our lands involved in these solar leases … but what this means to our farm business model, providing a vehicle for long-term reinvestment, succession planning and diversification.”

He wrote that commodity prices, global trade policy, diminishing labor pool, government regulation and an unfair tax burden are making life difficult for farmers, and added that “alternative sources of income are absolutely essential if our farm businesses and the associated land base are to be sustained and provide for future generations.”

Colby wrote that while his farm is “still going strong,” technology has brought about changes to land use and the “viewscape” in the Town of Byron.

“Today, every home I know of in Byron has electricity. One hundred years or so ago, no one had electricity in their home. The Excelsior Energy Center is a good and necessary change in revenue and new local jobs for our community,” he submitted.

He acknowledged that property values could decrease, but the funding provided to the town, county and school district will be a game-changer.

“This will enable many public enhancements to the community, which, I believe, will drive up the values and make it not only that people want to live but also stay in Byron,” he wrote. “It may be a short-term inconvenience but a significant boon to local businesses – restaurants, et cetera. I see it as adding a bit of excitement to the town.”

He contends that the solar panels will cover less than half of the project’s fenced area, and much of his land will be “highly accessible along existing roads.”

In closing, he wrote that he is researching other uses for the land, including U-pick fruits and nursery stock, and even installing a hops yard to have a locally sourced input for beer brewing.

Zuber: It's Bad for the Environment

Zuber, a member of Byron Association Against Solar, then joined the meeting – expressing his dissatisfaction with GCEDC and Excelsior’s handling of the public hearing. He said he was unaware up to a half hour before the videoconference that he had until last Friday to submit written comments about the project.

“It seems like, and it isn’t quite right, that the people that are pro-solar had the opportunity to write in comments and now the comment period is over, and we were unaware of it,” he said. “I guess I knew this was going to take place, but I didn’t know the format (of how) it would work … and that has been quite typical since this whole thing started with the COVID. The transparency to communicate Excelsior’s plans is at best poor.”

Communication problems aside, Zuber said the solar project will harm the environment and will take away prime land needed to handle an increasing amount of manure.

“We’ve done an ag impact study, which the county apparently is not interested in. I am very concerned about the environmental situation,” he said. “Especially with the Cider project now coming out of the west (a similar project in the towns of Elba and Oakfield) … if the dairy industry is going to survive – I don’t see how it survives with these two big solar projects.”

Zuber said he also is concerned about waste generated by the food plants in Batavia.

“Right now, we’re spending $7 million at O-At-Ka (Milk Products) to handle the waste,” he said. “The city and the town are overwhelmed. We’re going to have the sludge come out of those plants (with) no place to go. The best place for it to go is where you’re putting these solar panels on the ideal ground … but I think the environmental (problems) are a very, very negative situation.”

'A Negative Carbon Effect on the County'

He also cited a university study that indicated that this project would have “a negative carbon effect on Genesee County.”

“This will make the carbon situation worse, does not accomplish anything that the global warming people want, and I think it is very poorly structured … I think it’s bad for the environment for the county, the town and probably the state.”

Starowitz then got on the call, rebutting Zuber’s remarks about the manure situation.

“… the gas from the manure is being pipelined directly into being sold on his property, which is located on Chapel Street Extension,” Starowitz said about Zuber’s operation. “Also, if there is concern for spreading manure on land that is now being put into solar ... I have addressed to him many times that we have farmland that would use his manure. To this day, he has not taken advantage of that. So, there are other options and other farmland for his concern of spreading manure.”

Looking ahead, the state Department of Public Service has scheduled a public statement hearing – a key step toward the end of the Article 10 process – for June 1 via teleconference from New York City with Administrative Law Judge Gregg Sayre presiding.

Previously: Byron 'mega' solar project moves forward despite opposition; virtual open houses scheduled for Aug. 31

The Genesee County Planning Board is asking the Byron Town Board to consider revisions to a couple sections of its proposed local law on solar energy systems.

Planners on Thursday night approved the referral from the town for zoning text amendments governing the placement of solar projects, but not before Planning Director Felipe Oltramari pointed out issues with wording in sections pertaining to property values and prime farmland.

On the clause addressing the impact of large-scale solar projects upon property values, Oltramari said it lacked clarity and detail, noting that it was just one sentence. The section in question currently states:

Property Value and Taxpayer Protection: Tier 3 and Tier 4 Solar Energy Systems, once constructed and operational, shall not reduce the property value of adjacent parcels where a parcel owner is not in privity of contract with the applicant or its successors, agents or assigns.

Oltramari said that description “needs to be fleshed out some more” and said that without an appraisal before and after the project siting, it would be difficult to prove how much, if any, the value of the property had changed.

He said he realizes that the town consulted with attorneys to draft the plan and didn’t want to overstep their expertise, but he said he “had concerns about the clarity and the practicality of having something like that that can’t really be enforced.”

On the use of prime farmland, Oltramari said he understands the reasoning behind limiting projects to no more than 10 percent of prime farmland – as is the case of the 280-megawatt Excelsior Solar Project under Article 10 of New York State law – but he believes the proposed local law doesn’t go far enough in its description of prime farmland.

He said a local resident mentioned a soil survey that determines how much prime farmland is in the town, specifically noting a category called “prime if drained.”

“That means that if the landowner puts in what they call tiling – drainage to make the soil drain better, then the land becomes prime farm if those improvements are made to the fields,” he said. “But whether or not the field is tiled, only the property owner knows and maybe a few others. You would have to know how much of that farmland is actually drained. If you don’t know that, you don’t know the full percentage of prime farmland in the town.”

Oltramari said he expects the Byron Town Planning Board to review the proposal and issue recommendations to the town board, and hopefully will take a look at those two sections.

County planners briefly discussed NextEra Energy Resources’ 1,700-acre Excelsior project that is in the hands of the state Board on Electric Generation Siting and the Environment.

While Oltramari said large solar arrays such as this “are supposed to adhere to local regulations,” Article 10 – and now the Accelerated Renewable Energy Growth and Community Benefit Act -- supersedes local planning board authority.

In other action, planners:

• Approved a special use permit and downtown design review for the Downtown Revitalization Initiative project to renovate the Main Street Pizza building at 206 E. Main St.

As first reported on The Batavian, applicant Paul Marchese, doing business as Just Chez Realty LLC, submitted plans to create two apartments on the second floor and change the exterior of the building at 206 E. Main St.

The only stipulation in the planners’ approval was that the project meets Enhanced 9-1-1* standards.

Marchese’s request now will go before the City Planning & Development Committee, likely at its Oct. 20 meeting.

• Approved a zoning map change request from R-1 (residential) to C-2 (commercial) by James Barsaloux to offer local craft beer, food and live music, at his farm market operation at 8041 E. Main Road, Le Roy.

Oltramari said the Town of Le Roy’s comprehensive plan indicates acceptance of a mix of residential and commercial operations in its future land use.

Planners said they were concerned about traffic and noise, and hoped that the town would conduct a proper review of the site plan and special use permit to mitigate any potential problems.

Barsaloux said that he intends to have live music only a couple nights per month and no later than 9 p.m., adding that he wants to keep “a family atmosphere … not another bar.”

• Approved a special use permit request from John Kula of Freedom Fellowship LLC, for a 3,200-square-foot three-bay auto repair garage and print shop at 254 Broadway Road (Route 20).

The project came before planners in August, when they granted an area variance for the public garage, which will be set up as a vocational training site for people in recovery from substance use disorders.

*Enhanced 911, E-911 or E911 is a system used in North America to automatically provide the caller's location to 9-1-1 dispatchers. 911 is the universal emergency telephone number in the region.

Previously: County planning agenda includes special use permit referral for Main Street Pizza building.

Borrowing the title track of Bob Dylan’s 1979 album, there’s a “Slow Train Coming” to the Town of Byron in the form of a 280-megawatt, 1,600-acre, New York State-supported solar energy system that seemingly can’t be derailed.

Despite the dim prospect of preventing a significant amount of the town’s farmland from becoming a sea of solar panels, longtime Ivison Road resident Jim Lamkin said he isn’t giving up.

Lamkin has led the charge for the opposition group known as the Byron Association Against Solar by rallying community members to sign petitions, fill out surveys and, generally speaking, express their feelings to the Byron Town Board and to project developer Excelsior Energy Center, a subsidiary of NextEra Energy Resources LLC.

“We sent out a questionnaire and 319 of them came back opposed to this,” Lamkin, 74, said. “We feel that it is important for the Town Board to hold a meeting to get a sense of what everyone wants – even if they have to take a straw vote. They haven’t done that up to now.”

The Excelsior Solar Project is one of more than 50 solar or wind proposals currently moving forward under Article 10 of the New York State Public Service Law.

Article 10 makes it tougher for municipalities to restrict solar projects larger than 25 megawatts since it gives the NYS Board on Electric Generation Siting and the Environment much power over construction and operation.

Lamkin said he and other BAAS members are well aware of this.

“Basically, our hands and the Town Board’s hands are tied, without any say as to where the project is located, setbacks, how much land is used or any other conditions,” Lamkin said.

VIRTUAL OPEN HOUSE IS TODAY

Byron residents on both sides of the issue can learn more about the project, which also comes with 20 megawatts of energy storage, at a Virtual Open House today. Two one-hour sessions (with the same format) are scheduled for noon and 6 p.m.

According to information from Excelsior Energy, company officials will provide an update and answer questions.

Citizens can tap in to the meeting(s) either by phone -- call 1-866-807-9684 and ask to “join the Excelsior Energy Project call” -- or to view online, click here, fill out the contact information, then click on the “Join Webcast” link.

Lamkin said he is upset over the fact that plans call for a solar array to be placed directly across the street from his home. However, he said that his concerns reach well beyond his property.

 “Even if I weren’t directly affected, I would be against this,” he said. “It will change our town forever by wasting valuable farmland. Solar panels will be put adjacent to their properties and those homeowners won’t receive any tangible benefits.”

SEVERAL LANDOWNERS ARE ON BOARD

According to a map provided by Excelsior Energy Center, solar panel arrays will be spread along and near several roads, including Transit, Bank Street, Walkers Corners, Starowitz, Cockram, Batavia-Byron, Caswell, Ivison, Gillette, Tower Hill, Swamp and Bird, as well as Route 262, Route 237 and West Shore Trail.

Lamkin said that farms signing lease agreements with Excelsior Energy include Brooke-Lea, Call Lanes, Richard Colby, CY Properties, L-Brooke Farms, Lea-View Farms, Legacy Lanes, Charles Sackett and Star Growers.

Electricity generated by the system will be moved via transmission lines to Downstate locations.

When mentioned that landowners have the right to sell or lease their property, Lamkin said, “I understand that it’s their land and they do to a point.”

“But zoning laws are made to protect property owners from something not compatible with the surroundings. This Article 10 trumps over all zoning laws, and the solar company has offered the landowners so much money.”

CONFLICT OF INTEREST -- OR NOT

He said he also has issues with Town Board members who are relinquishing their land to Excelsior Energy. While no specific dollar amount has been disclosed, Lamkin believes landowners are being offered $1,000 an acre or more.

Town Councilwoman Suzanne Fuller said she was hoping to provide a 16-acre parcel on Caswell Road, but apparently it has been deemed unacceptable for the project.

“We (she said that Town Councilman Josh Kent’s family is leasing land) have obtained legal advice and it has been determined that we can vote on the project,” she said. “It is not a conflict of interest.”

Fuller said she wants to see the town benefit as well as the landowners.

“The town can really use the money,” she said. “The PILOT (payment in lieu of taxes) agreement with the county, school district and town will lower our tax rate. Otherwise, the income just isn’t here.”

Lamkin said he hopes the second and final ad-hoc member seat on the Siting Board is filled by a Byron resident.  Previously, Genesee County appointed Norman Pawlak of Bergen.

“We have been waiting since January to have the other member assigned and to date there has been no action by the state or the governor,” he said. “When our case eventually goes before the Siting Board, our lack of community representation puts us at a significant disadvantage.”

CALLING OUT THE TOWN BOARD

The Town Board can do more to determine the pulse of its residents on this matter, Lamkin said.

“I cannot believe that if a significant portion of the town residents were against it, and the board got behind them, that this project could not be stopped,” he said. “Statements like the one made by (Supervisor) Pete Yasses that ‘there’s no stopping it’ and the apathy of the community will allow Excelsior to force this project into the town.

“I, along with many in the community, voted for Mr. Yasses on his promise that he would work to stop this project. He has not listened to the people but instead has been influenced by the potential windfall to the town.”

Yasses said he has been listening, holding Zoom meetings every month – “COVID-19 has really hurt us,” he noted – and making himself available for public comments.

“Other than the BAAS group (which Lamkin says has about 270 members), we haven’t heard any opposition,” Yasses said. “This is being shoved down our throat. If Jim has to be mad at anybody, he should be mad at (Governor) Andy Cuomo.”

He added that revenue to the town from the project could reduce the tax rate and provide the funds needed to build a new Town Hall and highway garage.

CERTAINLY A ‘DIVISIVE ISSUE’

Lamkin said that BAAS has been unable to make any headway with Keddy Chandran, project manager for NextEra Energy Resources.

“We try to explain our views, but with him it’s all lip service,” he said. “All you hear from him is that everything is perfect, everybody is going to be happy and this is such a wonderful thing. He’s a master of overcoming objections.”

In the end, Lamkin said the solar project will “destroy the community – removing valuable farmland, costing agriculture jobs and decreasing property values. What’s that going to do for the image of Byron?”

Matthew Lamb, co-owner of Oakfield Corners Dairy which has been operating for more than 50 years, called solar a “divisive issue,” adding that he can’t pay anywhere near what the solar company is paying for land that he rents to feed his cows and also to spread the manure.

“Prime farmland being converted to solar -- while the economics are strong for the individual who gets to do that, it creates hard feelings,” he said. “If you can find the marginal farmland, I think it is an easier argument to make.”

Genesee County Highway Superintendent Tim Hens, speaking as a private citizen, said the Article 10 proposal flies in the face of recent comprehensive planning.

“Our county was one of the first counties to have a Smart Growth Plan and it has always been a leader in protecting farms. Now about 20 percent of the Town of Byron is being turned into a ‘glass field’ and several thousand acres of prime farmlands are being taken out of service,” Hens said.

“I think once folks realize the magnitude and appearance of this project they will be shocked and upset. Pretty soon this area will just be one big battery for New York City.”

Click here for a related story -- solar farm proposal in the Town of Florida (NY).

Top photo -- Jim Lamkin stands across the street from his Ivison Road, Byron home, in front of a field designated for solar panels. Bottom photo -- Lamkin holds the map of the Excelsior Solar Project. Photos by Mike Pettinella.