HomeMy WebLinkAbout01-13-15 Bozeman Climate Partners AgendaBOZEMAN CLIMATE PARTNERS
WORKING GROUP
Meeting Agenda
Rescheduled Time: January 13, 2015, 2:30-4:00
121 Rouse Ave., Bozeman City Hall, Madison Room
1) Call to Order
2) Changes to the Agenda
3) Public Comment – Please state your name and address in an audible tone of voice for the record. This is the
time for individuals to comment on matters falling within the purview of the Bozeman Climate Partners
Working Group. This public comment period will be your only opportunity to comment at this meeting. Please
limit your comments to three minutes.
4) Minutes –
5) Action Items
a) City of Bozeman Community Solar Project
*I move to endorse the document “Bozeman Community Solar: Local potential for subscriber-based solar
arrays” to the Bozeman City Commission.
b) Net Metering Law in the Local Energy Investment Act
*I move to endorse the Bozeman City Commission’s adopted 2015 Legislative priority to increase
flexibility in Montana’s Net Metering Law through the Local Energy Investment Act.
6) Non-Action Items
a) Summit Affordable Housing Development Update
b) 2015 Sustainability Priorities
7) FYI/Discussion
a) Bozeman Energy Project & Energy Smackdown
i) YTCEC Sustainability Series
b) Energy Performance Contract
c) Green Fleet Assessment
d) Next Regular Meeting: Wednesday, February 18, 2015, 9:00am to 10:30am
8) Adjournment
Bozeman Climate Partners Working Group meetings are open to all members of the public. If you have a
disability that requires assistance, please contact our ADA Coordinator, James Goehrung, at 582-3232.
NOT INTENDED FOR FINAL DISTRIBUTION
THIS WORKING DRAFT UPDATED 1/7/2014
(TK this page to end of document, before back cover)
Supported by
Downtown Bozeman Partnership
Co-op Downtown
Intrinsik Architecture
Massive Studios
Mint Dental
Nova Cafe
Owenhouse Ace Hardware
Thinktank Design Group
(Bozeman residents)
(City of Bozeman Climate Partners?)
Working group members
Marshall Swearingen - Independent Researcher
Orion Thornton - Onsite Energy
Bill Stoddart - Northfork Financial
Jeff Fox - Renewable Northwest
Contact
bozemancommunitysolar@gmail.com
(406) 580-7030
Authors
Marshall Swearingen - Text
Mary Schaad - Graphic Design
Cover photos taken by Robert Benjamin during open-house for Emerson Center
solar PV system, summer 2014.
No copyright
Who is Bozeman Community Solar?
We are a local, grassroots initiative
dedicated to informing elected officials
and members of the public about
community solar in Bozeman, Montana.
In summer 2014, Bozeman-based
freelance journalist Marshall Swearingen
was researching community solar efforts
taking place in other Western states, and
wanted to make that information locally
relevant. As others expressed support
and contributed their expertise, this grew
into an effort to envision community solar
projects in Bozeman. Although we receive
guidance from the Montana Renewable
Energy Association and others, we are
committed to remaining an independent
source of clear information about
Bozeman’s community solar potential.
Choosing terms: “community solar”
The “subscriber” model of community
solar described here is sometimes
referred to by different names – “shared
solar,” “neighborhood solar,” and so on.
Although the sponsors of Montana’s
proposed Local Energy Investment Act
have good reasons for using the term
“neighborhood net metering” to describe
the policy that would enable these
subscriber-based solar arrays, we prefer
the term “community solar” because
many of the projects described here, such
as one at the closed Bozeman landfill,
would be on a community rather than a
neighborhood scale. In another caveat to
the term, this subscriber model could also
work for wind and other renewable energy
sources.
1 “Community solar” sometimes also refers to
other models of shared solar development,
such as when a utility directly sells blocks of
electricity produced by a large solar array. See
“A Guide to Community Shared Solar: Utility,
Private, and Nonprofit Project Development,”
National Renewable Energy Laboratory, 2012.
Available at http://www.nrel.gov/docs/fy12os-
ti/54570.pdf
2 The U.S. Department of Energy has estimated
that perhaps only a quarter of U.S. residential
buildings are suitable for solar because of
shading and other factors. See “Supply Curves
for Rooftop Solar PV-Generated Electricity for
the United States,” National Renewable Energy
Laboratory, Nov. 2008. Available at www.nrel.
gov/docs/fy09osti/44073.pdf
“Community solar”1 is a way for utility customers to invest in solar energy
by “subscribing” to the electric output of solar arrays that are not located on
their own property. Typically, these solar arrays are many times larger than
a home-sized array, have many subscribers, and are located on community
buildings or municipal land. Subscribers usually pay up-front for their portion
Parking garage solar potential
Potential solar square footage: 11,2506
Potential power output: 385-550kW7
Number of subscribers: up to 385-5508
Parking garage power demand with LED
retrofit: 270kW9
Who is Clean Energy Collective?
Clean Energy Collective (CEC) is a
Colorado-based LLC that is widely
credited with developing the model
of community solar now widely used
in Colorado by multiple businesses,
including others such as SunShare. In
2009, CEC partnered with Holy Cross
Energy, a rural electric coop, to create a
78kW array in Carbondale, Colorado. In
that project and several since, CEC has
negotiated a power purchase agreement
with the utility, secured a lease for the land
or building space, recruited subscribers,
and used its RemoteMeter software to
calculate subscriber billing shares, which
it provides to the utility. CEC is able to
claim the federal solar investment tax
credit by partnering with investors, and
passes those savings on to subscribers.
CEC has developed over 35 projects in
seven states,10 and would be a strong
candidate, with a tested model, for
developing community solar projects in
Bozeman. Similar businesses might take
root and evolve in Montana specifically to
administer community solar projects.
3 Personal correspondence, Chris Naumann,
Downtown Bozeman Partnership Executive
Director, Dec. 15, 2014
4 Taos News, Sept. 6, 2012: “Co-op fetes
Taos’ first community solar array.” http://
www.taosnews.com/news/business/
article_752b24b4-f85f-11e1-8b47-
0019bb2963f4.html
5 Personal correspondence with parent
organizer of project, Aug. 2014.
6 Ibid, Naumann, Dec. 2014.
7 Preliminary bid to Downtown Bozeman
Partnership, July 2014.
8 Based on proposed provision in Local
Energy Investment Act establishing minimum
subscription of 1kW
9 Personal correspondence, Natalie Meyer, City
of Bozeman Sustainability Programs Manager,
Nov. 20, 2014
10 Clean Energy Collective website: http://www.
easycleanenergy.com/communitysolarprojects.
aspx
The roughly 300 businesses in Bozeman’s historic downtown illustrate the
potential for community solar projects to expand access to solar electricity.
Some 64 percent of downtown businesses lease their business space,3 so they
cannot decide for themselves if they would like to invest in solar — only the
property owner can, even though the tenants pay the electric bill. Moreover,
Story Mill landfill solar potential
Total city-owned area: 200 acres15
Potential solar acreage: 16.75 acres16
Potential power output: 2.4 MW17
Enough energy for: 316 Montana homes18
Number of subscribers: up to 2,40019
Other assets: Under-used 3-phase power
feed to city facility on property
Wastewater plant solar potential
Total city-owned area: 140 acres
Potential solar acreage: 22 acres20
Potential power output: 3.1 MW
Enough energy for: 408 Montana homes
Number of subscribers: up to 3,100
Other assets: 3-phase 440v connection
and substation at southern edge of
property
Subscriber-based community solar arrays developed in cooperation with the
City of Bozeman would not only expand access to solar — they would play
a major role in meeting the goals established by the city’s 2011 Community
Climate Action Plan, the official city document detailing how the city will
reduce Bozeman’s carbon dioxide emissions.11
The Community Climate Action Plan specifies that the greater part of
emissions reductions will be achieved with renewable energy. The foremost
recommendation for developing that renewable energy calls for creating
“large scale alternative energy production capable of servicing the city,” and
specifically mentions “creat(ing) community based solar array(s) to allow
citizens the option of buying locally produced alternative energy,” listing
potential sites at the Story Mill landfill and other city-owned open spaces.12
In Colorado and other states with enabling policies or willing utilities,
projects such as these are typically some of the largest and most successful.
City-owned land that would otherwise sit unused provides an ideal location
for developing large community solar projects because of stable future
ownership and low lease value.13 The City of Bozeman’s stated interest, plus
the suitability of multiple sites (see sidebar), suggests the significant potential
for developing these projects.
As with the downtown parking garage, the most likely scenario of
development would involve a third-party business like Clean Energy
Collective or SunShare. Because Clean Energy Collective administers every
aspect of the project and assumes all financial liabilities, the city could
facilitate development of large community solar arrays simply by leasing
suitable city land. For use of that land, the city would be compensated
monetarily or with a portion of the solar energy, and would have the option
of further subscribing to the solar array as a way of offsetting its own carbon
emissions. The city could support the project through marketing and outreach.
Example: The City of Craig, Colorado, a rural town of 10,000 residents
where coal undergirds the economy, the city government partnered with
Clean Energy Collective to construct a 500kW community solar array
on unused land at the municipal water treatment plant.14 In exchange for
leasing the city acreage, the city will receive a 5kW share of the array’s
output, saving the city an estimated $800 per year on its electric bill. Utility
customers purchase shares of solar panels for $825 each, yielding an annual
bill credit of $45 per year. Even before the project broke ground in October
2014, more than half the array was subscribed to by utility customers.
City of Bozeman
“Community solar is a promising financial model that will provide
businesses and residents access to clean, affordable and locally
generated electricity. A large solar PV array at the Story Landfill or the
Water Reclamation Facility would enhance the function and value of
these public facilities, while also helping the City meet its greenhouse
Emerson solar array specs
Peak output: 30kW21
Number of solar panels: 110
Estimated annual energy production:
40,300 kWh
Enough energy for: 4 Montana homes22
17 Based on metric of 7 acres per megawatt
of solar, provided by Tom Hunt, Clean Energy
Collective, Nov. 24, 2014.
18 Calculation based on Energy Information
Administration residential energy data and
estimated solar output provided by the National
Renewable Energy Lab’s PV Watts calculator.
19 Ibid, Local Energy Investment Act
20 Personal correspondence with Herb Bartle,
City of Bozeman Water Reclamation Facility
Superintendent, acreage using city’s online GIS
tool available at http://bit.ly/1xSn0Bd
21 Project specs provided by Orion Thornton,
Onsite Energy
22 Ibid, EIA and PV Watts data
“We are glad to have good
choices to make when going solar.
Rather than sacrifice a garden
area behind our house to pole-
mounted solar array or pay a lot to
rig rooftop panels, we think it could
be an even better idea to subscribe
to a solar array on the Emerson
building near our house, or yet
another big array that’s ideally
sited. We believe others in our
neighborhood would be interested
in pursuing these options, too.”
- Steve Kirchhoff, resident and
former Mayor of Bozeman
“The Emerson” building, near the heart of Bozeman’s downtown, is a
thriving community hub with a movie theater and stage, community events
space, many artist studios, classrooms for language and arts lessons, offices
for non-profit organizations, and a good restaurant. Originally constructed
as a public school in 1918, the Emerson was slated for demolition when a
group of Bozeman residents organized a non-profit to purchase and manage
the building. Today, the Emerson anchors a community of tenants, donors,
patrons, and the visiting public.
The Emerson has also recently demonstated its solar potential. In September
2014, Bozeman-based Onsite Energy installed a large solar array on a
portion of the building’s south-facing roof (see sidebar). The system was
generously donated by long-time Emerson patron Tim Crawford, and the
energy produced by the array offsets a portion of the energy consumed by the
building.
The Emerson is bordered on the south by a historic neighborhood
that stretches several blocks to Montana State University. As an older
neighborhood, there is an abundance of mature trees that discourages
installation of single-residence (typically rooftop) solar arrays. In this sense,
the Emerson is similar to many other, similar buildings such as schools,
which could provide islands of ideal solar development.
The Emerson, then, is not so much a case for future community solar
development (although additional roof space allows that option) as much
as it is an example of how public buildings could provide solar access for
surrounding neighborhoods. An array like the Emerson’s is relatively small
Acknowledgments
We wish to thank the following people
for their time and thoughful input in
the making of this report:
Natalie Meyer
Sustainability Programs Manager
City of Bozeman
Chris Naumann
Executive Director
Downtown Bozeman Partnership
Kevin Handelin
Solid waste superintendent
City of Bozeman
Herb Bartel
Water reclamation superintendent
City of Bozeman
Carson Taylor
Deputy Mayor
City of Bozeman
Tom Hunt
Director of Research and Gov’t Affairs
Clean Energy Collective
Conclusions
We hope the examples presented here will help our legislators, local officials and
others envision the kinds of community solar projects that are possible in Bozeman.
This is but a preliminary sketch, and the list of organizations, businesses, elected
officials and Bozeman residents supportive of this study is but a cross-section. We
intend to continue to connect with those who are interested in shaping a future
presence for community solar in Bozeman.
Community solar itself is growing and changing, and the shape it will take in
Bozeman is yet unknown. There remain many unanswered questions. For instance:
given Montana’s relatively low electric rates, will these projects make economic
sense? Questions like this, it would seem, can only be answered in the context of a
particular project. So our general recommendation would be: Let’s begin exploring
specific projects in greater detail, and let the questions, and answers, emerge.
That is the spirit expressed by those who have signed their support here. These
supporters are not endorsing any particular solar project, nor any particular policy.
Rather, they are expressing enthusiasm for community solar and its future role in
Bozeman, and for a few general points of view:
1) We believe community solar could considerably expand local solar potential.
By allowing Bozeman individuals and businesses to subscribe to community solar
arrays, we could begin to build larger arrays on ideal sites. We could begin to
tap the investment of residents who currently cannot invest in solar because their
homes or businesses are not suitable due to shading and other factors.
2) We believe community solar is feasible. Several sites in Bozeman appear
favorable for community solar development, and many other sites are probably
equally or more favorable. Businesses that have formed in other states to administer
community solar projects have demonstrated successful business models that
support the local solar economy.
3) We support expanding opportunities for community solar. Implementing
community solar projects is currently difficult or impossible given Montana’s
policy framework. The experience of other states, such as Colorado, indicates that
a supportive policy framework is key to enabling community solar. We urge our
elected officials to consider the benefits that community solar could offer Bozeman
and other Montana communities.
“Community solar provides a clear advantage over traditional solar project
development, allowing for better economies of scale, more energy choices for
Montanans, and a concise path to carbon reduction goals. As a long-time solar
energy professional and advocate, I believe making community solar projects
viable for our city is not only attainable but absolutely necessary.”
CITY OF BOZEMAN
12 1 North Rouse
P.O. Box 1230
Bozeman, MT 59771
Phone: (406) 582-2324
Cell: (406) 581-7026
TDD: (406) 582-2301
www. bozeman.net
City Manager
Chris A. Kukulski
Core Values
Integrity: Be honest. hard-
working, reliable and
accountable to the public.
Leadership: Take
initiative. lead by example, and
be open to innovative ideas.
Service: Work unselfishly
for our community and its
citizens.
Teamwork: Respect
others. welcome citizen
involvement, and work together
to achieve the best result.
Rep. Art Wittich
Rep. Chris Pope
Rep. Denise Hayman
Rep. Kathleen Williams
Rep. Kerry White
Rep Matthew Monforton
Rep. Tom Burnett
Rep. Tom Woods
Rep. Zach Brown
Sen. J edediah Hinkle
Sen. JP Pomnichowski
Sen. Mike Phillips
Sen. Scott Sales
Sen. Gordon Vance
January 9, 2015
Sent via E-mail
RE: City of Bozeman Adopted Resolutions for 2015 Legislative Session
Dear Bozeman Legislative Delegation,
On January 5, 2015 the City Commission voted to approve priorities for the
2015 Montana Legislative Session. The priorities include Montana League of Cities
and Towns' (MLCT) adopted Resolution numbers 2, 3, 9, 10, 12, 14, 16, 25, and 27.
The resolutions are attached for your review and consideration. Additionally, the City
Commission supports greater flexibility in net metering and the facilitation of state
property transfers to municipal governments in mutually beneficial situations, the East
Gallatin Recreation Area for an example. Further information on the two additional
priorities is also attached.
A City of Bozeman contact list is attached for your use during the session.
Please feel free to reach out to our team with any questions or clarification of issues.
We wish you a successful session and thank you for your service to not only our
community, but to all citizens of our state.
Attachments:
MLCT Resolutions adopted by City of Bozeman
Net Metering Information Sheet
Governmental Property Transfer Inf ormation Sheet
City of Bozeman Contact List
Sincerely,
29 September 2014
Resolution #2014-2
ENTITLEMENT SHARE PROGRAM
BACKGROUND
Section 15-1-121, MCA, contains the formula for calculating the annual growth factor that is
applied to Entitlement Share Payments. The Legislative changes in 2011 based the growth factor
on the collection of gambling, motor vehicle, beer, liquor and financial institutions tax revenues
over the most recent three-year period. It also includes a factor for personal and corporate
income tax collections.
During the 2013 Session, the Legislature amended 15-1-121, MCA, to provide that entitlement
payments are intended to provide a secure and predictable stream of revenue with a growth
adjustment tied to state collections, with a floor of zero. For Fiscal Year 2014, the growth factor
on the Entitlement Share Payment Program was 3.5%, which added $2.15 million to cities and
towns.
ACTION
The League will monitor the Entitlement Share Payments program to ensure its continuation and
application of growth factor adjustments.
29 September 2014
Resolution #2014-3
REMOVING CAP ON INCREASES IN MILL LEVY
BACKGROUND
Cities and towns are only authorized to impose a mill levy that is sufficient to generate the
amount of property taxes actually assessed in the prior year plus one-half of the average rate of
inflation for the prior 3 years. Cities and towns cannot financially survive this limitation on the
mill levy to one-half of a rolling 3 year average of the rate of inflation. Expenses incurred by
cities and towns are not limited to any similar cap.
ACTION
The League will sponsor legislation to remove the restrictions on the cities’ and towns’ mill levy
authority currently imposed under Title 15, chapter 10, part 4, MCA.
29 September 2014
Resolution #2014-9
IMPACT TAX FOR ALL CITIES AND TOWNS
BACKGROUND
The Resort Tax, Title 7, chapter 6, part 15, MCA, has been an economic blessing for those resort
areas that qualify under the limited definitions. The reality is all cities and towns would equally
benefit from having a similar type of local sales tax on defined goods and services. Many cities
and towns are being burdened with impacts from growth and economic development.
Municipalities, especially those with robust tourist industry or those impacted by natural
resource development, need the option to have an additional revenue source that targets the
activity causing the impact. A local impact tax, imposed optionally by local government, would
meet this need and ease the burden on local property taxpayers. A local impact tax could easily
be based upon the models of the Resort Tax and the state sales tax (Title 15, chapter 68, part 1,
MCA) on accommodations and rental cars.
ACTION
MLCT will sponsor creation of a local impact tax option that is available to all municipalities.
29 September 2014
Resolution #2014-10
LOCAL MOTOR FUEL TAX
BACKGROUND
This 1979 law allows voters of a county to authorize an excise tax of up to two cents per gallon
on the retail sale of gasoline. This additional money would help cities and towns improve,
expand and maintain their street systems. Cities and towns cannot get this additional excise tax
money unless a majority of the voters in the entire county approves it. Cities and towns need the
ability to present this issue solely to their individual electorate and not be at the mercy of the
county voters not living within the corporate limits of the city or town.
ACTION
MLCT will support allowing cities and towns the authority upon approval of their respective
electorates to impose an excise tax upon the retail sale of gasoline occurring within the corporate
limits and having those funds available to use for purposes allowed by other gas tax proceeds.
29 September 2014
Resolution #2014-12
MS4 AND STORMWATER QUALITY
BACKGROUND
More cities in Montana are being classified as Municipal Separate Storm Sewer (“MS4”) cities
for purposes of stormwater regulations under EPA and MTDEQ. Under the federal law, MS4
cities are required to use best management practices to reduce pollution from stormwater runoff.
MTDEQ is responsible for issuing general permits to the MS4 cities. In past years MTDEQ was
more aggressive than the EPA BMP standards and required additional burdens such as
monitoring and sampling of water quality in stormwater runoff. Though this initially only
affected the larger Montana cities, the history of the MS4 designation has been to reach down
into lower populated cities. Originally in 1990, only cities with populations over 100,000 were
affected. By 1999, it potentially affected municipalities with 1,000 people or more. The MLCT
and affected cities agree with protecting water quality and using BMPs for stormwater. What we
do not agree with is having to do sampling and monitoring that is of no benefit. Sampling for the
sake of sampling.
The concern is that MTDEQ may interpret "state waters" (75-5-104(34), MCA) to include
stormwater retention and detention ponds, which are the BMP’s means for trapping pollutants
before reaching bona fide state waters. This interpretation would require retention and detention
ponds, constructed as BMPs for stormwater, to have water quality compliance similar to lakes
and rivers.
Such an interpretation has resulted in difficulties conducting water main flushing, fire hydrant
testing, water main repair and maintenance (non-stormwater discharges). That interpretation
combined with the first 1/2" treatment requirement in the current discharge permit has also raised
questions about whether it is permissible for stormwater leaving a site to enter the MS4 at all,
and thus detention or retention ponds and basins, before the first 1/2" of water is treated.
MTDEQ has established working groups with the MS4 cities to reach a mutually satisfactory
resolution on these issues. This process is still on-going and will take more time and work to
resolve the differences.
ACTION
MLCT extends its appreciation to MTDEQ for its efforts having a working group to work toward
resolution of BMP requirements for mitigation for stormwater quality. The MLCT will consult
with and work with DEQ if legislative changes may be needed for effective implementation of
BMPs in a cost-effective and reasonable manner. The MLCT will monitor legislation dealing
with stormwater quality and MS4 regulations.
29 September 2014
Resolution #2014-14
PARK DEDICATION
BACKGROUND
When a developer proposes a residential subdivision, the developer as part of the approval of that
subdivision is required to dedicate either a percentage of the land for parkland or a cash-in-lieu
payment that is equal to the fair market value of the unsubdivided, unimproved land. (76-3-621,
MCA). The cash-in-lieu payment is restricted to use for acquiring or improving other
neighboring parks that could serve the subdivision.
Using the undeveloped, unimproved land value for determining the cash-in-lieu is usually
insufficient to make substantial improvements in neighboring parks that would serve the newly
created subdivision
ACTION
The League will monitor legislation to change the formula for determining “fair market value”
for cash-in-lieu payments to closer reflect the value of the post-subdivision, improved tracts.
29 September 2014
Resolution #2014-16
GOVERNOR’S MENTAL HEALTH PROPOSAL
BACKGROUND
The Governor is proposing a plan to address critical issues in the state’s ability to provide mental
health services to individuals with severe and disabling mental illness. The proposal creates a
funding and programmatic framework for strengthening services. The specific items in the
proposal span the continuum of care from community based health promotion, prevention, out-
patient services, crisis intervention, and acute care services, to measures that support ultimate
stability in the community.
There are four distinct program components in the proposed framework:
• Expanded Community Mental Health Services.
• Behavioral Health Inpatient Facility site planning.
• Forensic Unit D Wing Improvements at the Montana State Hospital.
• Dementia Treatment Unit at the Montana Mental Health Nursing Care Center.
ACTION
The League will support legislation to develop and implement the proposal to provide mental
health services to individuals with severe and disabling mental illness. The League also supports
prevention and early intervention efforts by supporting children’s mental health and crisis
diversion.
29 September 2014
Resolution #2014-25
ACCUMULATION OF BUILDING CODE FEE COLLECTIONS
BACKGROUND
For cities who are certified to enforce the state building codes, the cities are allowed to charge
for plan approval and inspections. The fees charged, however, cannot accumulate for an amount
needed to enforce the codes for twelve months. (50-60-106, MCA) With the cyclical nature of
development, in some years a twelve month accumulation is insufficient to fund the costs of an
enforcement program. A twenty-four month reserve would be a better cushion to weather the
peaks and valleys.
Some cities with certified building code enforcement programs are required by the Montana
Department of Labor to have the building code fee collection fund audited separately rather than
as part of the city’s annual audit. (ARM 24.301.208 and 2-7-503, MCA). This results in the
building code fee fund being audited twice.
ACTION
The League will sponsor legislation to allow cities certified to enforce the building codes to
accumulate fees and charges needed to enforce building codes for twenty-four months and to
clarify that any audit of the building code fee collection fund may be part of the city’s annual
audit.
8 October 2014
Resolution #2014-27
STATEWIDE AUTHORITY FOR PEACE OFFICERS
BACKGROUND
The Montana Police Protective Association is contemplating having legislation presented at the
2014 Session that would give Montana certified peace officers the authority to perform law
enforcement duties beyond the limits of the officer’s normal jurisdiction in defined situations.
The extended authority would give a peace officer statewide authority to enforce laws, make
arrests and assist peace officers of another jurisdiction, among others. In this time of public fear
over terrorism, this proposal for having expanded law enforcement has an appeal. However, this
expanded authority raises concerns over liability exposure to the jurisdiction who employs the
officer, workers compensation issues if the officer is injured, and whether the officer is entitled
to compensation and if so from whom.
ACTION
The League will oppose legislation to authorize a peace office to exercise police duties beyond
the limits of the officer’s normal jurisdiction.
Net Metering in the Local Energy Investment Act
BACKGROUND
Montana’s net metering law guarantees that the customers of NorthWestern Energy get fair
credit on their bill for any extra energy they have generated on-site with a renewable power
source. Since its passage in 1999, with near unanimous support of the Legislature, our net
metering law has served this state well. More than 1,000 solar arrays, small wind turbines and
micro-hydro generators have been installed across the state. These generators on homes, fire
stations, schools, farms and Montana businesses have helped Montanans secure their energy
supply and control energy costs. Net metering keeps our energy dollars close to home and has
encouraged individuals to invest private capital in clean, renewable energy, without a
government mandate.
Renewable energy is helping Montana families and businesses take charge of their energy costs
like never before. The wholesale cost of solar photovoltaic (PV) panels has dropped by two-
thirds since 2008. However, policy barriers are artificially constraining renewable energy
businesses. The current law sets arbitrary limits that keep affordable, clean energy financially out
of reach for too many households and businesses.
Studies in Texas, Minnesota, California, Vermont and Nevada demonstrate that on-site solar
energy provides a net benefit to utility customers, including customers that do not own solar
panels. That’s because solar power comes online at times of high demand when power from
other sources is most expensive. Plus, on-site renewable energy delivers energy without
inefficient transmission line losses and costly pollution controls. These investments keep our
energy dollars close to home and put engineers, electricians, roofers, and renewable energy
installers to work.
ACTION
We support the passage of legislation that will put Montana businesses to work while giving
consumers more energy choices.
1) Allow neighborhood net metering: Several states have passed laws that allow individual
utility customers to buy into a local solar array or wind turbine. Subscribers receive a credit on
their power bill according to how much of the project they own, and how much energy it
produces each month. This way a customer can get the benefits of renewable energy even if
they are a renter or do not have an ideal site for solar panels or a wind turbine on their own
property.
2) Lift the cap: Montana law caps the size of a NorthWestern Energy customer’s net-metered
solar array, wind turbine or micro-hydro generator at 50 kilowatts (kW). That’s big enough for a
home or small business, but it’s too small to allow a large farm, manufacturing facility, hospital
or school to meet their energy needs with on-site, clean energy. Thirty-seven states allow net-
metered systems larger than 50 kW, enabling businesses and institutions to secure greater energy
savings. Increasing the cap to 1 Megawatt (MW) will allow for better economies of scale and
spur investment in the renewable energy industry.
3) Multiple meters, multiple savings: A farm, university or multi-unit housing project with
multiple electric meters on the same or adjacent property should be able to run all those meters
with the energy from one solar array or wind turbine. This simple fix would
streamline on-site renewable energy projects and cut costs.
4) Stop the credit giveaway: Under current law a net-metered customer must sacrifice any
unused net metering credits to the utility at the end of a 12-month billing cycle. The customer
receives no compensation for the extra energy they have given to the utility. As a matter of
fairness, customers should be able to keep those credits for more than a year.
Governmental Property Transfer
BACKGROUND
A potential bill should be more broad as to permit the transfer of state lands to counties,
municipalities or tribal governments when the transfer is found to be in the best interest of both
parties and the county, municipality or tribal government agrees to maintain and the operate the
property fitting with the intent of the original acquisition by the state.
While the East Gallatin Recreation Area is a perfect example of how this bill could work for
taxpayers and visitors, there are other areas across the state that could benefit from such a bill.
Therefore, the bill should not be specific to the East Gallatin Recreation Area.
ACTION
Support legislation broadening the conditions of transferring state property to counties,
municipalities or tribal governments when the transfer is found to be in the best interest of both
parties and the county, municipality or tribal government agrees to maintain and the operate the
property fitting with the intent of the original acquisition by the state.
Chris Kukulski, City
Manager
- Orion Thornton, Onsite Energy
5
by community solar standards, and is less attractive for businesses like
SunShare or Clean Energy Collective. Nonetheless, it suggests one model of
community solar development that could be undertaken by parties such as
non-profits and local schools.
The Emerson Center for the Arts & Culture
Image: Rendering of hypothetical solar array at Story Mill landfill.
Photo and rendering by Marshall Swearingen.
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gas emissions reduction goals.”
- Natalie Meyer, City of Bozeman Sustainability Programs Manager
11 City of Bozeman Community Climate Action
Plan, 2011. Available at
http://www.bozeman.net/Smarty/
files/92/92587259-fd07-414e-95cb-
8c041f22d8a0.pdf
12 Community Climate Action Plan, page 85.
13 Personal correspondence with Tom Hunt,
Clean Energy Collective, Dec. 5, 2014
14 Craig Daily Press, Oct. 15, 2014:
“Craig’s solar garden to light up renewable
opportunities.” Available online at http://www.
craigdailypress.com/news/2014/oct/15/craigs-
cleanest-garden/
15 http://svc.mt.gov/msl/mtcadastral/
16 Personal tour of Story Mill landfill with
Kevin Handelin, City of Bozeman Solid Waste
Superintendent, Nov. 24, 2014. Estimate of
acreage using city’s online GIS tool available at
http://bit.ly/1xSn0Bd
3
these old downtown buildings are a challenging environment for solar in
terms of structure and roof line.
At some locations, however — like the downtown Bridger Park Garage —
solar makes sense. This parking garage is a tall structure with ample square
footage for a large solar array (see sidebar). Downtown leaders have already
begun exploring the possibility of a solar array on the parking garage in
connection with providing more covered parking space on the upper level
of the garage. This would be an ideal place to situate a solar array that could
serve the downtown business community.
Montana’s business community has shown that it is interested in investing
in solar. To give one Bozeman example, Pacific Outdoor Equipment, which
manufactures outdoor recreation gear such as drybags, recently installed
a 3kW solar array on its business space. Many other Bozeman businesses,
when building or renovating their business spaces, have planned for installing
solar in the future, “roughing in” conduit to the roof, for example.
There are multiple ways that a subscriber-based solar array on the parking
garage might be financed and managed. One likely scenario, minimizing
financial risk for the City of Bozeman and downtown organizations, would be
to invite a third-party company such as Clean Energy Collective (see sidebar)
to administer the project.
Example: At the Taos Charter School, in Taos, New Mexico, parent
volunteers invited Clean Energy Collective in 2012 to create the first
community solar project in the state.4 The 98 kW array — consisting of 420
panels mounted on a covered parking structure — was sold out to subscribers
in under two years.5 Subscribers purchased panel shares for $845, and receive
a credit directly on their utility bill for the output of their share.
“Downtown Bozeman is home to dozens of very progressive businesses
whose owners would participate in a community solar project. We strive
to create and a maintain a thriving live-work-play community with an
emphasis on achieving the ‘triple bottom line’: economic sustainability, social
sustainability and environmental sustainability. The opportunity to implement
a community solar project would be embraced by a variety of downtown
stakeholders.”
- Chris Naumann, Downtown Bozeman Partnership
Downtown Parking Garage 2
of a community solar array, and then receive credit directly on their utility bill
for the electric output of their portion of that array.
Community solar was pioneered in the 2000s, mostly by municipal utilities.
Now, largely in response to legislation passed in several states, community
solar is rapidly expanding, bringing a model of solar development that
complements traditional net-metered solar projects.
What is community solar?
Community solar offers several benefits to utility customers, including:
1) Expanding access to solar electricity. Many people cannot produce solar
electricity on their property because of shading or other factors, or simply
because they rent their home or business space.2
2) Making solar electricity more affordable. Rather than foot the bill for
a home- or business-sized solar array, subscribers can purchase in smaller
increments, often for around $1,000. Constructing one large solar array, rather
than several smaller arrays, contributes to cost savings for subscribers.
3) Creating a more flexible structure of ownership. A subscriber’s
investment is not bound to a particular building. If a subscriber moves within
the same local area, his subscription is unaffected.
Community solar could also benefit the Bozeman community by:
1) Growing the solar industry. Already, at least five solar businesses
operate in Bozeman. In states where community solar has taken root, large
businesses have developed specifically to administer community solar
projects.
2) Fulfilling the city’s community climate action plan. The City of
Bozeman has committed to significantly reducing Bozeman’s climate
change-causing emissions, and has expressed a strong interest in developing
community solar projects as a significant part of reaching that goal.
3) Concentrating solar development on marginal and unused land.
Developing large solar arrays on sites like the closed landfill would optimize
solar production while avoiding conflicts with neighborhood bylaws, historic
preservation ordinances, and other restrictions.
Bozeman Community Solar believes there is ample evidence that community
solar could work, and work well, in Bozeman. We offer the following
examples to help our elected officials and others ask — and answer — the
question: What might community solar look like in Bozeman?
Why community solar?
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