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Solar panels are shown in this photo from Shutterstock.

After Monday’s announcement that the current Douglas County Commission may approve a large-scale solar project by year’s end, many of the candidates running for the commission have concerns about taking action on it before the new members are seated.

The two incumbents in the race, meanwhile, say they don’t see a need to alter the timeline, and one of them said to do so would be “irresponsible.”

As the Journal-World reported, on Monday, a federal judge ruled that the lawsuit by Lawrence-area businesses and neighbors against the Kansas Sky Energy Center project – which would put 8 million square feet of solar panels on 600 acres of farmland in northern Douglas County – should be heard in Douglas County District Court instead of federal court.

A county spokesperson announced that key studies on the solar development should be ready for County Commission action by the end of the year. This timing is important, as the commission will soon be expanding from three members to five and elections for four of those commission seats are currently underway.

The Journal-World contacted all County Commission candidates, including the two incumbents, to discuss the solar project and this timing. District 5 candidate Kirsten Kuhn, a Libertarian, did not respond to inquiries from the Journal-World regarding the solar project and the ongoing lawsuit.

The candidates in each district, including the newly established 4th and 5th districts, are as follows: In the 2nd District, incumbent Democrat Shannon Reid will compete against independent Brad Chun. In the 3rd District, incumbent Democrat Karen Willey faces Republican Pam McDermott. The 4th District features Democrat Gene Dorsey, Libertarian Steve Jacob, and Republican Timothy Bruce. Finally, in the 5th District, the candidates are Republican Rich Lorenzo, Democrat Erica Anderson and Kuhn.

The election next week could result in between two and four new commissioners being seated, but they won’t take office until January. The Kansas Sky Energy Center still requires two approvals from the County Commission to proceed. With Monday’s update, it’s now possible that the project could be decided after the election but before new commissioners take office.

If two heads are better than one, then logic says five heads are better than three, Dorsey told the Journal-World. Conditional use permits should include all pertinent information, but important plans, such as the agrivoltaics and stormwater management plans, have not been completed or have not been made public, Dorsey said.

“Some of the most important pieces of this project’s process remain unfinished and rushing to finish them with little public input and no input by the new commission while aggrieved citizens wait for their day in court just doesn’t sit right with me,” Dorsey said in an email.

This is a big deal, and the current commission shouldn’t push the project through because they think it is the correct decision knowing there could be a different outcome when there are five commissioners, Bruce said. He added that Douglas County has spent time and resources to keep the agriculture parts of the county agricultural.

“If there is a need for these types of projects, we should look at installing them over parking lots or buildings and not over rich farmland,” Bruce told the Journal-World.

Chun said county residents are concerned that the solar project will exacerbate the flooding issues that North Lawrence deals with currently. He said the North Lawrence storm water drainage infrastructure has not yet been made whole, citing a 2005 study paid for by the city of Lawrence, and that two of the three pumps recommended in the study were installed in 2014, but the installation of the third pump was never completed.

“If the county government were to move forward with this project before addressing the stormwater drainage issue, it would be neglecting its responsibility to protect the lives and investments of the constituents most directly affected by the project,” Chun said in an email.

This is the first project of its size in the state, so it’s important to get it right, McDermott said. She added that two years ago, the people of Douglas County voted to expand the board from three to five and the people have waited two years to get that representation.

“Also, hurrying this through with unresolved litigation is not good for the community,” McDermott told the Journal-World in an email. “It erodes people’s faith in government processes and contributed to unnecessary divisions in our community.”

Anderson said that decisions of this significance should be postponed until the county commission is fully constituted with five members. She also said that it’s essential to rebuild trust with residents by ensuring that all voices are represented in the decision-making process.

“While I support the development of solar and wind energy, I believe that the current net metering policy in Kansas requires reform as it primarily benefits corporations rather than residents,” Anderson said via email.

Jacob also said that it’s about transparency, and it will be lost if it is put before the current commission if it is passed before the litigation is settled.

“What private owners do with their own land is up to them, but transparency in your local government is a thing,” Jacob said in an email to the Journal-World.

The citizens of Douglas County voted in November 2022 to have a five-person commission based on the desire to have more rural voices on the commission, Lorenzo told the Journal-World. He added that after the 2022 vote, the commission chose to not hold an election for the new seats for almost two years.

“Five commissioners should have been at the table from the beginning of this application, and therefore, I believe it makes sense for the new five-member commission to determine the final action,” Lorenzo said.

Willey said in an email to the Journal-World that she stands by her April vote approving the Kansas Sky Energy Center conditional use permit. She added that the final agreements will be brought back to the commission based on the applicants’ timeline. Additionally, she noted that the county’s regular business will continue unless there is a legal action to pause a project.

However, with this specific project, Willey said the commission asked for it to be handled differently.

“Normally, these would be staff approved,” Willey said. “In this case, the commission has asked that they come for a public hearing.”

Reid said via email that she doesn’t believe that it’s good governance to halt a process just because the commission is expanding. She said that if any further decisions come to the commission before January or after January, then so be it. Reid added that similarly, there is no reason to pause a process due to a lawsuit.

“Without an injunction from a court requiring the county to do so, it would be irresponsible to try altering the pace of it all,” Reid said. “As a commissioner, my duty is to participate in a good faith process based on facts and merit.”