photo by: Matt Resnick/Journal-World

People crowd into the Douglas County Courthouse for a meeting on a permit for testing for a proposed solar energy project on Wednesday, June 21, 2023.

The Douglas County Commission gave permission Wednesday for a solar energy company to do preliminary testing for an expansive project — at a meeting where nearly 80 supporters and opponents of the project crowded into the courthouse to make their voices heard.

Specifically, the commission voted 3-0 to approve temporary business use permits for testing for Florida-based energy company

NextEra’s West Gardner Solar Project. The proposed solar project would take up approximately 1,000 acres of land in southeastern Douglas County and would also extend into Johnson County.

The temporary permits don’t mean that the project can be constructed now, but they will enable NextEra to proceed with geotechnical testing that is necessary for the project to go forward.

NextEra came under scrutiny last year after Douglas County’s Zoning and Codes staff was made aware that NextEra and its engineering consulting firm Terracon conducted testing without the county’s approval — at times, late into the evening.

On Wednesday, NextEra project Director Billy Wilkins addressed commissioners, requesting a 60-day window to complete the remaining geotechnical testing. He also apologized for the unapproved testing activities.

“I appreciate the apology,” said County Commissioner Shannon Reid. “That’s what accountability looks like.”

Commission Chair Patrick Kelly questioned Wilkins about the improper testing, to which Wilkins replied that he had never seen a requirement for a permit in other counties before conducting utility-scale testing activities. He said he didn’t want to cause future problems.

“It won’t happen again,” Wilkins said.

County Planner Karl Bauer presented a recommendation for approving the temporary permits for testing activity — specifically, four permits for four different sections of land in the area of Palmyra Township. The recommendation said that NextEra should strictly adhere to a daylight schedule for its testing.

Bauer also provided an overview of the “unintended discoveries” plan submitted by NextEra, noting that trained archaeologists would be on-site during geotechnical testing and that activity would be suspended if any historical artifacts are found. Historic preservation advocates had previously expressed concerns that Native American artifacts or items connected with the Santa Fe Trail might be disturbed if the work proceeded in that area without a plan.

Commissioners ultimately voted to approve the staff recommendations and grant the permits. Kelly added that he was comfortable with NextEra’s response to previously running afoul of county regulations.

“This request seems reasonable to me; I’m happy to make a recommendation for approval,” he said.

photo by: Matt Resnick/Journal-World

People crowd into the Douglas County Courthouse for a meeting on a permit for testing for a proposed solar energy project on Wednesday, June 21, 2023.

During public comments before the commission’s decision, some residents advocated for the permits and the project in general. Some of them emphasized that solar energy was a deterrent to global warming and would open an avenue toward energy independence.

Others were more critical. One commenter, Michelle Eagleman, told commissioners that such projects deviate from the county’s Open Space Plan and that it’s detrimental to environmental sustainability. Even though NextEra is working on a solar project, Eagleman also spoke about the Neosho Ridge wind farm in rural southeast Kansas, which she said sparked a lawsuit by Neosho County against Virginia-based wind farm developer Apex Clean Energy over infrastructure damage allegedly caused during the wind turbines’ installation.

Other speakers decried NextEra’s testing practices as unethical — with one speaker calling for the company to be “kicked out” of the county while another commenter framed NextEra as untrustworthy and implored commissioners to “shop around.” One speaker claimed that the issuing of temporary business permits for rural land would be a first step toward destroying ultra-fertile farmland in Douglas County.

Reid said she was pleased with the public’s engagement.

“The way that this conversation has evolved in our community is concerning to me,” she said. “I do not like the us vs. them mentality, but I think tonight was a really good example of civil discourse, and hope that it can continue to be civil.”

photo by: Matt Resnick/Journal-World

County Commissioners Karen Willey, Patrick Kelly and Shannon Reid listen during a meeting on a permit for testing for a proposed solar energy project on Wednesday, June 21, 2023.

In other business:

• Commissioners unanimously approved a grant-match request made by Charter Communications in the amount of $20,000 for broadband expansion in underserved areas of Douglas County, with the money coming from the general reserve fund.

The grant-match is split between two projects and is contingent on the selection of Charter’s proposals for a program facilitated by the Kansas Department of Commerce Office of Broadband Development.

The larger project would cover 783 unserved locations and generate between $14 million and $21 million in economic gains — and the other project between $6 million and $10 million — according to a study cited by Charter Communications.

Commissioner Karen Willey said that there are significant holes in the county’s broadband service that were exposed during the pandemic, and Kelly added that it’s reasonable to support a project that could generate millions in revenue.

If selected for KDOC’s Lasting Infrastructure and Network Connectivity (LINC) program, Charter plans on holding celebratory events at the Baldwin City and Eudora public libraries, with attendees receiving refurbished internet hardware.

• Commissioners unanimously approved a proposal to extend funding for DCCCA’s Peer-led Social Detox Access project through the end of the year.

• During a study session, commissioners heard a broad overview of the county’s behavioral health crisis system. The presentation included details of intensive care coordination for the Heartland Regional Alcohol and Drug Assessment Center.

photo by: Austin Hornbostel/Journal-World

Supporters of Florida-based energy firm NextEra Energy Resources’ proposed West Gardner Solar project chat with each other and representatives with the company ahead of the Wednesday, June 21, 2023 Douglas County Commission meeting. Douglas County leaders at the meeting later Wednesday afternoon were set to consider a group of temporary business use permits from NextEra for testing activities on properties in southeastern Douglas County.