SUMMARY:

Numerous industrial-sized alternative energy projects are being packaged by Joint Venture Investment companies along with alternative energy development companies in unincorporated, rural Texas.  This is mainly due to the lack of zoning ordinances and other regulatory requirements in the unincorporated areas.    In addition, current state statute does little to protect rural areas from these projects.  Therefore, we are petitioning the Gillespie Count Commissioners court to set comprehensive, restrictive  ordinances with clearly stated requirements for any energy projects being proposed or developed in the area in an effort to protect the people, natural resources, beauty and character of the Texas Hill Country.

WHEREAS, We, the undersigned residents, property owners and business representatives of Gillespie County, Texas, as well as, other Concerned Citizens, do hereby petition the Gillespie County Commissioners Court to take immediate and permanent action to protect our Hill Country community from the harmful impacts of industrial-scale energy developments, including solar farms, inverter stations and battery energy storage systems (BESS). 

Whereas, Gillespie County, Texas is subject to extremes in natural events ranging from periods of extended drought, lengthy heat waves, destructive hail, flash flooding, high winds, straight line winds, devastating wildfires and others. These natural hazards have historically caused damage to or loss of property, livestock, wildlife and sometimes loss of human life. The climatological, geographical and geological conditions of the area often require controls on water usage, burning and road closures in the interest of public safety. These events are mainly beyond human control and frequently require extraordinary and expensive measures to address. To allow any kind of industrial energy developments that have known safety issues without strict mitigation and regulation of those risks is irresponsible.

We request the following protections be enacted without delay: 

1. A complete and immediate halt to all current industrial solar energy development projects proposed for Gillespie County, including any projects involving but not limited to: Peregrine Energy Solutions (Rogers Draw BESS), AMPYR Energy USA (Marshall Springs Solar/BESS) until full environmental, drainage, health, and economic impact assessments are conducted and publicly reviewed. Additionally, we demand that the Gillespie County Commissioners Court immediately enact an ordinance prohibiting any new green energy development projects, including community scale projects — encompassing solar, battery energy storage systems and wind— until the Gillespie County Commissioners Court has adopted ordinances to address the impacts and siting of such projects, addressing the formation of, but not limited to committees, departments, regulations and restrictions to properly evaluate and oversee such projects. 

2. Establish sizable (1 mile or greater) minimum setbacks for all Battery Energy Storage Systems (BESS), Industrial Wind Turbine developments and other energy generation installments from property lines, residential structures, schools, churches, or businesses to ensure safety and mitigate risk from noise, light, fire, explosion, and toxic exposure. Establish a maximum height restriction of any wind turbine installed in Gillespie County. Establish a fee schedule for permitting and a schedule of fines for non-compliance.

3. Mandatory decommissioning clauses must be required in all leases or permits for industrial solar, battery storage systems and wind turbines and other energy related installations. These clauses must include:

◦ Financial bonding, prior to the beginning of any work, including, without limitation any clearing and grubbing to cover full removal and land restoration with an escalation clause to account for inflation and potential hazmat clean up. 

◦ A timeline for decommissioning once the equipment is no longer operational and establish penalties for non-compliance and designation of a responsible person for the cost of removal and restoration in the event of the bankruptcy of the entity owner or its assigns.

◦ Clear assignment of legal and financial responsibility at every change of management or ownership. 

4.  Add Renewable Energy Project Updates as an agenda item of discussion at EVERY Commissioners Court Meeting.

5.  That Gillespie County commits to public transparency in all future energy project deliberations, with proper notice, accessible hearings, and genuine community engagement. We believe these projects pose serious threats to public health, safety, property values, ecologically sensitive natural areas, wildlife migration corridors, rural character, rights of neighboring landowners and potentially violate the Dark Sky Initiatives in place. 

We expect our elected officials to use all existing codes, legal and legislative tools available to oppose and block commercial and joint venture investment energy projects, especially those with foreign ties, that offer no specific benefit to the people of Gillespie County, threaten the well-being of our residents, the quiet enjoyment of our public and private lands and the violation of our Civil Rights.