Solar Development Guidelines Released by Arizona Game and Fish Department
On March 12, 2010, the Arizona Game and Fish Department ("AGFD") released finalized guidelines for solar development in Arizona ("Solar Guidelines"), the objective of which "is to assist energy developers in identifying potential impacts to wildlife and wildlife habitats from their proposed development and potential alternatives to avoid, minimize, and/or mitigate for these negative impacts." The AGFD encourages local governments and permitting authorities to integrate the recommended study proposals described in the Solar Guidelines. The document is organized around five basic project development steps:
- Wildlife Protection Regulations
- AGFD Regulations and Review
- Gather preliminary information and conduct site screening
- Identify potential impacts to wildlife
- Mitigation
The Solar Guidelines were compiled by the AGFD employees and have not undergone any external public review or input from the solar energy industry. It should be noted that some of the information contained in the Solar Guidelines was taken from the AGFD's wind guidelines. In light of the fact that county officials often defer to the AGFD in matters of wildlife concerns, special attention should be given to the section of the Solar Guidelines focused on "Avoiding or Minimizing Impacts" and the recommendations contained therein.
In addition, AGFD identified several areas in which information regarding the impacts of utility-scale solar development on wildlife and habitats is lacking. Specifically, AGFD believes that research is needed on the following topics:
- Determine the "effective footprint" of utility-scale solar development so mitigation strategies can be implemented at the spatial extent of the impact.
- Need to determine the potential effects of a proposed solar project on the demographics of select wildlife species.
- Evaluate the alteration of vegetation and micro-climate adjacent to solar facilities.
- Identify the impact that utility-scale solar development has on wildlife corridors.
- Evaluate the movement and behavior patterns of select wildlife species (e.g., ungulates, grassland passerines, raptors) pre- and post-construction.
- Examine the impacts to migratory birds and bats.
- Develop mitigation strategies to reduce the impacts of water impoundments associated with solar facilities.
APS Announces Wind and Solar RFPs
On January 27, Arizona Public Service (APS) announced two requests for proposals (RFPs), one for new sources of photovoltaic (PV) solar energy and the other for Arizona-based wind.
The RFP for solar PV seeks proposals for projects that are between 15 and 50 megawatts and that employ commercially proven technology. APS's goal is to procure approximately 220,000 megawatt hours per year from this PV solicitation. Respondents are required to provide proposals for long-term power purchase agreements and/or "turn-key" agreements. The latter are sometimes called BTAs (Build-Transfer Agreements) or DBS (Design-Build-Sell) agreements--however named, APS anticipates that the agreement would require the developer to build the project and transfer it to APS when the project is completed. (As an aside, turn-key agreements that do not transfer the asset until commercial operation require very careful attention to "notice to proceed" clauses and conditions, lest defects in title, permits or some other matter thwart the closing and leave the developer's asset unsold or, worse, stranded.)
In its press release, APS encouraged parties to participate in the photovoltaic RFP bidder's conference on March 12, 2010. Additional information about the conference and the RFP is available online at www.aps.com/rfp. RFP submissions are due April 7, 2010.
On the wind side, APS is looking for wind projects between 15 and 100 megawatts located entirely within Arizona. Respondents are required to provide proposals for long-term power purchase and/or "turn-key" agreements. Interested parties are encouraged to participate in the Arizona-based wind RFP bidder's teleconference on March 17, 2010. Additional information about the conference and the RFP is available online at www.aps.com/rfp. RFP submissions are due April 14, 2010.
