County to seek outside expertise on some proposal energy projects
Chaves County Commissioners have approved an addition to the county's Zoning Ordinance requiring energy-related production facilities, including data centers, to pay for third-party consultants. These new fees, effective June 13, aim to ensure compliance with federal, state, and county codes and regulations. Projects will incur fees of $100 per megawatt and an additional $5,000 per productive structure.
Chaves County Commissioners recently approved a significant amendment to the county's Zoning Ordinance, Resolution R-26-018, during their May 21 meeting. This new measure mandates that energy-related production facility projects, encompassing solar, wind, nuclear, petroleum, battery energy storage systems, and data centers, will be required to fund the engagement of outside contractors. The purpose of these third-party consultants is to assist county staff in thoroughly evaluating and ensuring compliance with all applicable federal, state, and county codes and regulations for proposed zoning permit applications.
The newly established consultant fees will include a charge of $100 for every megawatt of energy produced and stored by these facilities. Additionally, each productive solar, battery, and data center structure within a utility production project will necessitate a $5,000 fee to cover the costs associated with securing external expertise. Louis Jaramillo, the county’s director of Planning and Zoning, confirmed that these new fees are slated to become effective on June 13.
It's important to note that these regulations are specifically targeted at utility-scale projects, not residential, personal, commercial, or industrial businesses that generate power solely for their own consumption without exporting it. An exemption to the new fee structure applies to NextEra Energy Resources, a company that has been producing solar power in Roswell and Chaves County since 2016 for Xcel Energy. This exemption is due to the new fees not taking effect until after their current projects. Separately, the Extraterritorial Zoning Commission recommended approval for a NextEra project to add a 50-megawatt battery energy storage system to existing sites, aiming to enhance power consistency.