Alberta Unveils New Rules for Wind and Solar Projects, Prioritizing Farmland and Scenery

Alberta's government has introduced new regulations for wind and solar energy projects, aiming to protect agricultural land, scenic views, and the environment. These rules follow a seven-month moratorium on new projects and introduce requirements for reclamation security, impact assessments, and designated "no-go" zones for development.

Key Takeaways

• Reclamation Security: Developers must now provide mandatory security or bonds to cover reclamation costs, either to the province or directly to landowners.

• Agricultural Land Protection: New projects are prohibited on prime farmland unless coexistence with crops and livestock can be demonstrated.

• Visual Impact Assessments: Projects in certain scenic areas will require assessments to evaluate their effect on landscapes.

• No-Go" Zones: Specific buffer zones, including a large area west of Calgary, are designated as off-limits for new wind projects.

New Code of Practice for Renewable Energy

The "Code of Practice for Solar and Wind Renewable Energy Operations" requires all project proponents, for both proposed and existing projects, to register with Alberta Environment and Protected Areas (AEPA). This registration process includes submitting a conservation and reclamation report, which details a reclamation plan, pre-disturbance site assessment, and spatial maps of the project location.

Security Requirements and Options

Developers have the choice to post reclamation security either with the government or with landowners. If security is provided to the government, a security estimate for total reclamation costs is required. For new projects, 30% of this estimate is due, increasing to 15% for existing projects, with a future requirement of at least 60% after 15 years. If security is provided to landowners, a declaration of adequacy approved by the Alberta Utilities Commission (AUC) is needed, with an initial requirement of 40% of the estimated reclamation cost.

Conservation and Reclamation Obligations

Project proponents must adhere to a conservation and reclamation plan, including salvaging topsoil and subsoil before construction. At the end of a project's life, the land must be reclaimed to conform with the plan, involving backfilling, grading, contouring, replacing soil materials, and revegetating the site. Written approval from landowners is required for seed mixes and, where applicable, for topsoil and subsoil used in reclamation. Interim monitoring and a final reclamation certificate site assessment are also mandated.

Transfer of Ownership and Reporting

Transferring AEPA registration for a power plant requires written consent from AEPA. Operators must report any contravention of the Code to the proponent holding the AEPA registration and to AEPA's incident reporting hotline within seven days. Record-keeping requirements include maintaining an operating record for at least five years after the reclamation certificate is issued.

Industry and Landowner Perspectives

While the new regulations aim to protect agricultural land and scenic views, some industry experts have expressed concerns about the lack of immediate clarity on how the standards will be applied. Landowners, however, have welcomed the increased protections, particularly the mandatory reclamation security, drawing comparisons to the regulatory framework for the oil and gas sector, which some argue has historically lacked similar upfront financial assurances for cleanup.

Sources

• Alberta releases new code of practice for solar and wind renewable energy operations | Canada | Global lawfirm, Norton Rose Fulbright.

• Alberta laid out new rules for wind, solar power. Some say it should do the same for oil, CBC.

• Alberta’s new renewable energy rules lift moratorium but offer ‘little immediate clarity’, Canada's National Observer.

• Alberta releases new rules and no-go zones on wind and solar projects, CBC.