Solar Energy Farms Face Difficult Issues In Connection With The Williamson Act Planning To Satisfy AB32 Goals And Objectives

The California legislature ratified the California Global warming Solutions Act of '06 and mandates California's greenhouse gas emissions be decreased to 1990 levels by 2020 so as to minimize the serious danger global warming poses for the economic well-being, public health and the environment of California. Our California State legislature has enacted several laws made to guard California's natural resources for future generations. The California Land Conservation Act of 1965, more popularly known as the Williamson Act, was in fact enacted for the purpose of protecting agricultural land throughout California. To help achieve this greenhouse gas emissions decline goal, California started a Renewables Portfolio Standards program that is designed to increase the amount of energy produced from alternative energy resources to thirty-three percent of total retail sales of in California state annually by Dec 31, 2013.

Presently, California's electric utilities obtain only about 18 pct of the electrical power through green energy resources. In order to achieve California's renewable energy generation objectives, a large amount of additional solar energy farms as well as other renewable energy generating capacity will have to be developed in a relatively limited timeframe. Currently, the usage of roughly 33 pct of California's total private land (or roughly, sixteen million acres) is restricted through Williamson Act contracts.

Establishing large scale wind and solar energy farm electrical power ventures commonly requires using hundreds, and even 1000's, of acres of contiguous, undeveloped land. And all this specific acreage must be offered at an economically affordable amount in order to make the wind and/or solar energy farm projects financially worthwhile. Land meeting this criteria is normally only available in more rural locations. Consequently rural property is disproportionately likely to be governed by Williamson Act land use restrictions.

While photovoltaic developments typically have a problem satisfying the Williamson Act's compatibility rules because of the large percentage of property utilized by the PV improvements, at least a few counties permit photo voltaic energy projects to be established upon non-prime agricultural land pursuant to a conditional use permit. In the event that California is actually seriously interested in achieving its green house gas reduction targets, California county government authorities will need to add solar energy farm ventures as a compatible use on Williamson Act land, and permit photo voltaic power projects to be developed upon agricultural land pursuant to the conditional use permitting.

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