Howard County Council Legislative Work Session - September 28, 2026

This hybrid legislative work session convened at 10:00 AM on September 28, 2026, to discuss CB59-2026, introduced by Councilmember David Yungmann. The bill seeks a temporary moratorium on certain approvals for solar energy facilities to allow Howard County to clarify its retained authority under the state's Renewable Energy Certainty Act (RECA, HB1036) and to evaluate the impact on agricultural preservation easements (AgPres) and community concerns. The meeting included presentations from state Senator Katie Fry Hester, DPZ Director Linda Eisenberg (via remote), DPZ staff Tim Lattimer, and public testimony from attorney/resident Ms. Singleton. The bill currently lacks legal sufficiency as written.

Public Comments & Testimony

• Ms. Singleton (Woodbine resident and attorney): Expressed strong frustration that residents in western Howard County have no meaningful voice in solar siting decisions. She cited concerns about well water contamination from potential chemical leaching, tree damage from storms, grid instability, and a lack of transparency in the pre-submission meeting process. She argued that the current three-week expedited timeline (since 2022) and the removal of conditional use have left residents powerless. She also noted that solar developers place panels to minimize costs, not to mitigate community impacts, and that the ag board's recommendations are non-binding.
• State Senator Katie Fry Hester: Supported the need for clarity on RECA's interaction with AgPres easements. She stated she requested legal guidance from the state Attorney General's office and confirmed that Howard County did not designate a Priority Preservation Area (PPA) before RECA’s 2025 deadline, which limits certain view-shed protections. She indicated a state cleanup bill in 2027 may allow retroactive PPA designations (e.g., Somerset County) and offered to help coordinate state-level conversations.

Discussion Items

• CB59-2026 Purpose: Councilmember Yungmann emphasized the bill is not a referendum on solar energy (which he called “settled law”) but a temporary pause (maximum 180 days for agency meeting + 60 days for report) to allow DPZ to convene all relevant agencies (DPZ, Office of Law, PSC, state, etc.) to determine what authority the county retains under RECA. He argued the county has been operating under an incorrect assumption of full preemption, noting that easement contract rights, conditional use processes (where the final outcome is not a denial), and ag board requirements may not be preempted. He stated that at least three previously assumed preemptions are not preempted.
• Concerns About Preemption and County Authority: Councilmember Rigby worried that creating a public forum under the easement without the ability to address concerns could be worse than the status quo. Councilmember Jung questioned why Howard County did not designate a PPA. Director Eisenberg explained that a PPA designation requires a general plan amendment and was not pursued before her tenure. Councilmember Yungmann clarified that the county still has authority over siting, screening, soil compaction reduction, and stormwater management—and that conditional use may still be permissible as long as it does not result in a final denial.
• Impact on Agriculture and Community: Discussion centered on the tension between solar development and agricultural preservation. Yungmann noted that 1.1% of AgPres land (approximately 32 megawatts across about 16 projects) is committed to solar, and that most projects are on AgPres because it is cheaper land due to taxpayer-funded conservation easements. He argued that solar is the biggest threat to agritourism and farming viability, as it offers “mailbox money” rather than active farming income. Ms. Singleton highlighted that the 1–2 MW projects avoid PSC oversight, that federal tax credits (30%) expire December 31, 2027, creating a rush, and that community pre-submission meetings are ineffective without a binding public process.
• DPZ Position: Tim Lattimer noted that a moratorium could conflict with RECA’s mandate to expedite compliant projects and could chill investment, potentially jeopardizing Howard County’s Climate Forward goal of 437 megawatts by 2030 (currently at 181 megawatts, ~41% of target). He also stated that solar panels are primarily glass and aluminum, with minimal chemical leaching risk per peer-reviewed research. He urged the council to consider that a moratorium could kill projects by making them miss federal tax credit deadlines.
• Legal and Procedural Clarifications: The Office of Law confirmed that pre-submission meetings are required but are advisory; the ag board provides advisory recommendations; and that RECA’s 100-foot setback from property lines and 150-foot setback from dwellings apply. Director Eisenberg confirmed that Howard County lacks a PPA, so the view-shed protection provisions of RECA do not apply, but the landscape manual and other RECA requirements (buffers, planting, watering plans) still apply.

Key Outcomes

• No vote on CB59-2026; the bill was discussed as lacking legal sufficiency in its current form. Councilmember Yungmann offered to shorten the moratorium period (from 180+60 to 60+60 days) and to exempt rooftop, parking lot, and industrial solar.
• Directive: The council directed DPZ to convene a meeting with all relevant agencies (county and state) within the next 60 days to clarify the county’s retained authority under RECA, and to issue a report within 60 days thereafter. This is intended to inform the incoming council and administration, regardless of CB59’s passage.
• Next Steps: The council acknowledged that a state legislative cleanup bill in 2027 could address retroactive PPA designations and other ambiguities. Councilmember Jung requested that if CB59 does not pass, the meeting and report still occur to provide clarity before the new council takes office in 60 days. Senator Hester committed to assisting in coordinating state-level participation.
• Data Points: 1.1% of AgPres currently involved in solar; 16 projects proposed, all but one on AgPres; 49% of all solar (excluding rooftops/parking lots) in western Howard County (per DPZ). The county currently has 181 megawatts installed, with a 2030 goal of 437 megawatts.