Agenda - Council Work Session - 04/11/2023

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Recommendations The interagency team followed up on the recommended steps suggested in the technical assessment to assess resource needs and present additional information to guide action. We also identified areas that need further study to ensure that solar development is aligned with state and local government sustainability and equity goals. The team incorporated the recommended steps from Barr into the following three recommendations to facilitate solar development on closed landfills. 1. Expand CLP statutory authority and fund Beneficial Reuse Program Expand statutory authority of the CLP to authorize and fund proactive work on property reuse, including solar development, and provide funding to establish a Closed Landfill Beneficial Reuse Program. The current scope of the CLP as outlined in the 1994 Landfill Cleanup Act includes environmental response actions at qualified facilities. While the CLP is able to enter into leases when there is an expressed interest in leasing state property, provided the proposed land use is appropriate, the CLP is not authorized or funded to proactively facilitate property reuse. Lack of direct authority and resources have constrained landfill property reuse. Expanding the scope of the CLP outlined in the Landfill Cleanup Act to specifically authorize and fund work focused on beneficial property reuse would facilitate beneficial reuse, including solar development. The creation of a Closed Landfill Beneficial Reuse Program would actively enable and facilitate all appropriate beneficial closed landfill reuses. A closed landfill is a unique type of brownfield that has fewer options for beneficial reuse than many other types of brownfields, in part because constructing buildings on or near landfills is problematic. Renewable energy development, such as solar, can be a compatible reuse for closed landfills because public access is often restricted, solar panels can be installed without penetrating the cap, and landfill maintenance activities can be accommodated. Additionally, there may be compatibility of different reuses, for example, pollinator habitat can be paired with solar development. This recommendation would incorporate three of the recommended steps included in the technical assessment, including: • Develop a technical guide to solar development on CLP sites. A technical guide could provide general information about the unique design aspects of closed landfills and more detailed information about the CLP program responsibilities associated with the landfills and process for developing solar on a closed landfill site. • Provide detailed technical and regulatory information for CLP sites. Detailed technical and regulatory information may include specific design elements of the sites, permit conditions, information on cap construction and maintenance status, surrounding land use and natural features and other site -specific information deemed useful. The MPCA or Department of Commerce could also consider completing techno-economic analysis for each of the top sites using the free System Advisor Model14 from the National Renewable Energy Laboratory. • Reach out to stakeholders. One common barrier to development of solar energy on CLP sites is lack of awareness of these sites and the solar development potential they represent among non - developers. The Department of Commerce and MPCA could prepare informational materials for the top 10 sites and invite key stakeholders to open discussions about the sites and solar 14 National Renewable Energy Laboratory. System Advisor Model, accessed November 6, 2020. 11